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PEARSON v. FURNCO CONST. CO.

Nos. 75-1723, 75-1724.

563 F.2d 815 (1977)

Willie G. PEARSON, Vandy Hawkins, Sylvester Williams, William Waters, Bogus Knight, Charles Temple, Narcisse Batiste, Melvin King, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. FURNCO CONSTRUCTION COMPANY, a corporation, Peter J. Brennan, Secretary, U. S. Department of Labor, and Bricklayers, Masons and Plasterers International Union of America, an unincorporated association, Defendants-Appellees. BRICKLAYERS, MASONS, AND PLASTERERS INTERNATIONAL UNION OF AMERICA, an unincorporated association, Defendant-Appellee, Cross-Appellant, v. Willie G. PEARSON, Vandy Hawkins, Sylvester Williams, William Waters, Bogus Knight, Charles Temple, Narcisse Batiste, Melvin King, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 1977.

Attorney(s) appearing for the Case

Judson H. Miner, Chicago, Ill., for Pearson.

Richard E. Lieberman, Joel H. Kaplan, Marvin Gittler, Lester Asher, Chicago, Ill., Carl W. Gerig, Jr., and James E. Cradock, Washington, D. C., for Furnco.

Richard L. Kieser, U. S. Atty., Fort Wayne, Ind., Richard A. Hanning, Asst. U. S. Atty., Hammond, Ind., Herman Grant, Dept. of Labor, Chicago, Ill., Joseph J. Spencer, U. S. Dept. of Labor, Washington, D. C., for Peter J. Brennan.

Lutz A. Prager, Mollie W. Neal, Charles L. Reischel, Beatrice Rosenberg, Joseph T. Eddins, Abner W. Sibal, E. E. O. C., Washington, D. C., for amicus curiae.

Before FAIRCHILD, Chief Judge, PELL, Circuit Judge, and HOFFMAN, Senior District Judge.

FAIRCHILD, Chief Judge.

Plaintiffs' complaint, filed September 30, 1974, was dismissed on motion. Plaintiffs proposed an amended complaint and sought reconsideration. The district court dismissed the amended complaint, and plaintiffs appealed. Thus the facts, for purposes of this appeal, appear from the amended complaint (except for certain additional submissions). Although brought as a class action, it does not appear to have been ordered to be maintained as such...

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