PATTERSON v. AMERICAN TOBACCO CO.

Nos. 75-1259 to 75-1263.

535 F.2d 257 (1976)

John PATTERSON et al., Appellees, v. The AMERICAN TOBACCO COMPANY, a Division of American Brands, Incorporated, Appellant. John PATTERSON et al., Appellees, v. TOBACCO WORKERS' INTERNATIONAL UNION, an unincorporated association and Local 182, Tobacco Workers' International Union, an unincorporated association, Appellants. John PATTERSON et al., Appellants, v. The AMERICAN TOBACCO COMPANY, a Division of American Brand Incorporated, et al., Appellees. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellee, v. LOCAL 182, TOBACCO WORKERS' INTERNATIONAL UNION (AFL-CIO), Appellant. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellee, v. AMERICAN BRANDS, INC., d/b/a American Tobacco Company, Inc., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 23, 1976.


Attorney(s) appearing for the Case

Henry L. Marsh, III, Richmond, Va. (S. W. Tucker, John W. Scott, Jr., Randall G. Johnson, Hill, Tucker & Marsh, Richmond, Va., Jack Greenberg, Elaine R. Jones, Barry L. Goldstein, and Morris J. Baller, New York City, on brief), for John Patterson, and others.

Henry T. Wickham, Richmond, Va. (John F. Kay, Jr., Kenneth V. Farino, Mays, Valentine, Davenport & Moore, Richmond, Va., Chadbourne, Parke, Whiteside & Wolff, Paul G. Pennoyer, Jr., Arnold Henson, Bernard W. McCarthy, and Bernard J. Dushman, New York City, on brief), for The American Tobacco Co. and American Brands, Incorporated.

Herbert L. Segal, Louisville, Ky. (Irwin H. Cutler, Jr., Walter Lapp Sales, Segal, Isenberg, Sales & Stewart, Louisville, Ky., Jay J. Levit, Stallard & Levit, Richmond, Va., and James F. Carroll, Washington, D. C., on brief), for Tobacco Workers' International Union and Local 182.

Margaret C. Poles, Atty., Equal Employment Opportunity Commission, Washington, D. C. (Julia P. Cooper, Gen. Counsel, Joseph T. Eddins, Associate Gen. Counsel, and Beatrice Rosenberg and Charles L. Reischel, Attys., Washington, D. C., on brief), for the Equal Employment Opportunity Commission.

Before WINTER, BUTZNER and WIDENER, Circuit Judges.


BUTZNER, Circuit Judge:

These appeals and cross appeals question certain provisions of a judgment entered in consolidated actions brought by the Equal Employment Opportunity Commission and several black employees of the American Tobacco Co. against the company, the Tobacco Workers' International Union, and its Local 182. The case concerns the application of Title VII of the Civil Rights Act of 1964 [42 U.S.C. § 2000e et seq.] and 42 U.S.C. § 1981 to redress...

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