DOCTOR v. SEABOARD COAST LINE R. CO.

Nos. 75-1002, 75-1129.

540 F.2d 699 (1976)

Richard DOCTOR, III, et al., Appellants, v. SEABOARD COAST LINE RAILROAD COMPANY, a corporation, et al., Appellees. Richard DOCTOR, III, et al., Appellees, v. LODGE 16, BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYEES, AFL-CIO, an unincorporated association, et al., Appellants, and Seaboard Coast Line Railroad Company, etc., et al., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1976.


Attorney(s) appearing for the Case

Melvin L. Watt, Charlotte, N. C. (J. Levonne Chambers, Charlotte, N. C., Morris J. Baller, New York City, Chambers, Stein, Ferguson & Becton, Charlotte, N. C., on brief), for appellants in 75-1002 and appellees in 75-1129.

James L. Highsaw, Highsaw & Mahoney, Washington, D. C., John R. Ingle, Charlotte, N. C. (Craighill, Rendleman & Clarkson, Charlotte, N. C., on brief), for appellants in 75-1129 and appellees in 75-1002.

Frank P. Ward, Jr., Raleigh, N. C., Harold A. Ross, Cleveland, Ohio, R. Jeffrey Bixler, Toledo, Ohio (W. T. Covington, Jr., Charlotte, N. C., Richard R. Lyman, Toledo, Ohio, Kennedy, Covington, Lobdell & Hickman, Charlotte, N. C., Mulholland, Hickey & Lyman, Toledo, Ohio, Thomas F. Ellis, Robert A. Valois, Maupin, Taylor & Ellis, Raleigh, N. C., Ross & Kraushaar, Cleveland, Ohio, John T. Allred, George V. Hanna, III, Moore & Van Allen, Charlotte, N. C., on brief), for appellee in 75-1002.

Robert B. Fitzpatrick, Robert T. Lasky, Stephen N. Shulman, Cadwalader, Wickersham & Taft, Robert B. Wallace, Washington, D. C., as amicus curiae.

Before CLARK, Supreme Court Justice, Retired, and RUSSELL and WIDENER, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

In this action on a claim of racial discrimination, the plaintiffs, suing both individually and as representatives of separate classes, have appealed from a denial by the District Court of class certification in the case of three of such plaintiffs, the narrowing of class certification in behalf of a fourth plaintiff, and the dismissal of those defendant labor unions, with which none of the plaintiffs had ever been affiliated. The defendant...

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