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EQUAL EMPLOYMENT, ETC. v. INTERN. LONGSHOREMEN'S

No. 75-1376.

541 F.2d 1062 (1976)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellee, v. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, an unincorporated association, et al., Defendants, and United States Lines, Inc., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 20, 1976.

Attorney(s) appearing for the Case

Robert J. Hickey, Washington, D.C. (Russell T. Weil, Kirlin, Campbell & Keating, Washington, D.C., Randall Coleman, Kieron F. Quinn, Ober, Grimes & Shriver, Baltimore, Md., on brief), for appellant.

Marian Halley, Atty., Equal Employment Opportunity Commission (Julia P. Cooper, Acting Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, Beatrice Rosenberg, Charles L. Reischel, and Linda Colvard Dorian, Attys., Equal Employment Opportunity Commission, Washington, D.C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, CRAVEN, Circuit Judge, and FIELD, Senior Circuit Judge.

HAYNSWORTH, Chief Judge:

The question is whether an order denying a motion to dismiss a motion had the effect of making United States Lines, Inc. a new party to an old injunctive decree and is appealable under 28 U.S.C.A. § 1292(a)(1) as a modification of an injunction. From the order, the court's oral opinion and from the argument here, we are convinced that the order had no such effect and is not appealable.

In 1970, a proceeding was brought by the...

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