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SWAIN v. HOFFMAN

No. 75-2002.

547 F.2d 921 (1977)

Theodore R. SWAIN et al., Plaintiffs-Appellants, v. Martin R. HOFFMAN, as Secretary of the United States Department of the Army, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Motion for Clarification Granted May 6, 1977.

Attorney(s) appearing for the Case

U. W. Clemon, Birmingham, Ala., Barry Goldstein, Jack Greenberg, Charles S. Ralston, Melvyn R. Leventhal, Bill Lann Lee, New York City, for plaintiffs-appellants.

Wayman G. Sherrer, U. S. Atty., Henry I. Frohsin, Asst. U. S. Atty., Birmingham, Ala., Robert E. Kopp, Appellate Sec., John K. Villa, Civil Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before THORNBERRY, SIMPSON and MORGAN, Circuit Judges.

THORNBERRY, Circuit Judge:

Appellants Swain, Jones, Roseman, and Keith filed suit in the United States District Court for the Northern District of Alabama, under amended Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-16, and 42 U.S.C. § 1981, seeking relief both individually and on behalf of a class for alleged discrimination against blacks by the Anniston Army Depot. The district court granted summary...

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