L. 194, RETAIL, W. & D. STORE U. v. STANDARD BRANDS

No. 75-2035.

540 F.2d 864 (1976)

LOCAL 194, RETAIL, WHOLESALE AND DEPARTMENT STORE UNION, Plaintiff-Appellant, v. STANDARD BRANDS, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 1976.

Rehearing Denied September 22, 1976.


Attorney(s) appearing for the Case

Peter R. Meyers, Chicago, Ill., for plaintiff-appellant.

Abner W. Sibal, Marian Halley, Equal Employment Opportunity Commission, Washington, D. C., for amicus curiae.

Robert E. Haythorne, Chicago, Ill., for defendant-appellee.

Before PELL, TONE and BAUER, Circuit Judges.


TONE, Circuit Judge.

In this case we must decide whether a labor union can represent its members as a plaintiff in an action brought under Title VII of the Equal Employment Opportunity Act, 42 U.S.C. § 2000e-5, et seq., and the Civil Rights Act of 1866, 42 U.S.C. § 1981. The District Court dismissed the union as a party and, there being other plaintiffs who remain in the case, proceeded under the authority of Rule 54(b), Fed.R.Civ.P., to enter judgment...

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