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CLAIBORNE v. ILLINOIS CENTRAL RAILROAD

Civ. A. No. 70-2980.

401 F.Supp. 1022 (1975)

Allen CLAIBORNE et al. v. ILLINOIS CENTRAL RAILROAD, and the Brotherhood of Railway Carmen of the United States and Canada. George J. WESLEY et al. v. ILLINOIS CENTRAL RAILROAD, and International Brotherhood of Firemen and Oilers, Helpers, Roundhouse and Railway Shop Laborers.

United States District Court, E. D. Louisiana.

October 16, 1975.

Attorney(s) appearing for the Case

Steven R. Plotkin, Louis A. Gerdes, Jr., Thierry and Gerdes, New Orleans, La., for plaintiffs.

H. Martin Hunley, Jr., Lemle, Kelleher, Kohlmeyer & Matthews, New Orleans, La., Martin W. Fingerhut, Chicago, Ill., for defendant Illinois Central Railroad.

Victor H. Hess, Jr., Jackson & Hess, New Orleans, La., for defendant International Brotherhood of Firemen and Oilers, Helpers, Roundhouse and Railway Shop Laborers.

Donald W. Fisher, Mulholland, Hickey & Lyman, Toledo, Ohio, for defendant Brotherhood of Railway Carmen of the United States and Canada.

HEEBE, Chief Judge.

Defendant Illinois Central Railroad moves for a new trial and/or amendment of Findings of Fact and Conclusions of Law on the issue of punitive damages in this case, brought under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e-5(g), and 42 U.S.C. § 1981. This Court has previously awarded plaintiffs $50,000 in punitive damages. We now confirm that decision for the reasons set out below.

There is a clear split in the authority...

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