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ALLEN v. AMALGAMATED TRANSIT UNION LOCAL 788

Nos. 76-1542 and 76-1551.

554 F.2d 876 (1977)

Ben ALLEN et al., Appellants, v. AMALGAMATED TRANSIT UNION LOCAL 788, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 9, 1977.

Attorney(s) appearing for the Case

Burton Newman, Clayton, Mo., for Amalgamated Transit Union; William H. Bartley, Clayton, Mo., on brief.

Louis Gilden, St. Louis, Mo., for Ben Allen.

Lutz A. Prager, Office of Gen. Counsel, E. E. O. C., Washington, D. C., for amicus curiae, E. E. O. C.; Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Associate Gen. Counsel and Lutz A. Prager, Washington, D. C., on brief.

Before LAY and WEBSTER, Circuit Judges, and SMITH, Senior District Judge.

LAY, Circuit Judge.

Plaintiffs Ben Allen and Aaron Rutlin, along with 13 other black members of the Amalgamated Transit Union Local 788 (Union), brought suit against the Union alleging racial discrimination under 42 U.S.C. §§ 1981, 1982, 1983 and 2000e et seq. Plaintiffs alleged that the Union failed to grant them seniority and other incidental rights guaranteed to them under various collective bargaining agreements. A second count alleged that the Union...

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