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CATES v. TRANS WORLD AIRLINES, INC.

No. 489, Docket 76-7420.

561 F.2d 1064 (1977)

Solomon CATES, Jonathan George and James Whitehead, Jr., on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. TRANS WORLD AIRLINES, INC. and Airlines Pilots Association, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 5, 1977.

Attorney(s) appearing for the Case

Barbara A. Morris, New York City (Nathaniel R. Jones, William D. Wells, New York City, of counsel), for plaintiffs-appellants.

Peyton H. Moss, New York City (Poletti Freidin Prashker Feldman & Gartner, Richard Schoolman, New York City, of counsel), for defendant-appellee Trans World Airlines, Inc.

Michael E. Abram, New York City (Cohen, Weiss & Simon, Robert S. Savelson, New York City, of counsel), for defendant-appellee Air Line Pilots Ass'n, International.

Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, Charles L. Reischel, Asst. Gen. Counsel, Vincent J. Blackwood, Atty., Washington, D.C., for Equal Employment Opportunity Commission, amicus curiae.

Robert E. Williams and Douglas S. McDowell, Washington, D.C., for Equal Employment Advisory Council, amicus curiae.

Before LUMBARD and OAKES, Circuit Judges, and BRYAN, Senior District Judge.

FREDERICK van PELT BRYAN, Senior District Judge:

Solomon Cates, Jonathan George, and James Whitehead appeal from a July 22, 1976 order of the United States District Court for the Southern District of New York, Charles L. Brieant, J., dismissing their second amended complaint on behalf of themselves and others similarly situated.

The principal issues on appeal concern the timeliness of the assertion of claims of unlawful employment practices under Title...

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