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McLELLAN v. MISSISSIPPI POWER & LIGHT CO.

No. 73-3226.

545 F.2d 919 (1977)

James H. McLELLAN, Plaintiff-Appellant, v. MISSISSIPPI POWER & LIGHT COMPANY, International Brotherhood of Electrical Workers, Local 605 Electrical Workers, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 20, 1977.

Attorney(s) appearing for the Case

W. B. Duggins, Jr., Vicksburg, Miss., Dixon L. Pyles, Jackson, Miss., for plaintiff-appellant.

Sherwood W. Wise, Jackson, Miss., for Miss. Power & Light.

E. Grady Jolly, Jr., Jackson, Miss., for Miss. Power & Light, and others.

Before BROWN, Chief Judge, GEWIN, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, MORGAN, CLARK, RONEY, GEE, TJOFLAT, and HILL, Circuit Judges.

TJOFLAT, Circuit Judge:

This case presents the question of whether an employee discharged from private employment solely because he filed a petition in voluntary bankruptcy has a cause of action against his employer and his union under 42 U.S.C. § 1985(3).1 A divided panel of this court answered in the affirmative.2 Because of the far-reaching consequences of the holding, we convened an en banc court to...

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