KING v. SEABOARD COAST LINE R. CO.

No. 74-2027.

538 F.2d 581 (1976)

Elijah KING, Appellant, v. SEABOARD COAST LINE RAILROAD COMPANY et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 29, 1976.


Attorney(s) appearing for the Case

Melvin L. Watt, Charlotte, N. C. (Robert Belton, Nashville, Tenn., J. LeVonne Chambers, Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., and Jack Greenberg, New York City, on brief), for appellant.

Frank P. Ward, Jr., Raleigh, N.C. (Thomas F. Ellis, Robert A. Valois, Maupin, Taylor & Ellis, Raleigh, N. C., on brief), for appellee Seaboard Coast Line Railroad Company.

R. Jeffrey Bixler (Richard R. Lyman, Mulholland, Hickey & Lyman, Toledo, Ohio, W. T. Covington, Jr., Kennedy, Covington, Lobdell & Hickman, Charlotte, N. C., on brief), for appellees Brotherhood of Maintenance of Way Employees, AFL-CIO; Sheet Metal Workers' Intern. Ass'n, AFL-CIO; International Brotherhood of Electrical Workers, AFL-CIO; Brotherhood Railway Carmen of the United States and Canada, AFL-CIO; International Association of Machinists and Aerospace Workers, AFL-CIO; Railway Yardmasters of America, AFL-CIO; Brotherhood of Railroad Signalmen, AFL-CIO; American Train Dispatchers Association, AFL-CIO; American Railway and Airway Supervisors Association, AFL-CIO; International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, AFL-CIO; and International Brotherhood of Firemen and Oilers, AFL-CIO.

John R. Ingle, Craighill, Rendleman & Clarkson, Charlotte, N. C., James L. Highsaw, Highsaw & Mahoney, Washington, D. C., Robert L. Hart, Cleveland, Ohio, Gen. Counsel, United Transportation Union, on brief), for appellees United Transportation Union and its Local 1129 (Harold A. Ross, Ross & Kraushaar Company, Cleveland, Ohio, John T. Allred, Moore & Van Allen, Charlotte, N. C., on brief, for appellee Brotherhood of Locomotive Engineers.

Before WINTER, RUSSELL and WIDENER, Circuit Judges.


DONALD RUSSELL, Circuit Judge.

The plaintiff, a trainman employed by Seaboard Coast Line Railroad Company, filed a charge with the Equal Employment Opportunity Commission on May 9, 1972. His claim, as stated in his charge, was that at the time of his re-employment in June, 1970, he had been denied his seniority, acquired during his previous employment with the defendant railroad. This denial, he said, was discriminatory because the employer "rehired drunks with full...

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