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GAY v. WAITERS' AND DAIRY LUNCHMEN'S UNION

No. 75-2197.

549 F.2d 1330 (1977)

James GAY, Leonard Whitman, Douglas Lee and Frederick McDowell, on behalf of themselves and all persons similarly situated, Plaintiffs-Appellants, v. WAITERS' AND DAIRY LUNCHMEN'S UNION, Local No. 30, the St. Francis Hotel Corporation, and Alioto's No. 8 Restaurant, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 11, 1977.

Attorney(s) appearing for the Case

Marjorie Gelb, Kenneth Hecht, Employment Law Center, (argued), and Stephanie Wildman, San Francisco, Cal., for plaintiffs-appellants.

Alan C. Davis (argued), Davis, Cowell & Bowe, Donald D. Connors, Jr. (argued), Brobeck, Phleger & Harrison, Michael Rubenstein, Richard Saveri (argued), Saveri & Saveri, San Francisco, Cal., for defendants-appellees.

Before HUFSTEDLER and GOODWIN, Circuit Judges, and FITZGERALD, District Judge.

OPINION

FITZGERALD, District Judge:

In March of 1973 four black waiters commenced this suit under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq., and the Civil Rights Act of 1866, 42 U.S.C. 1981, against Waiters' and Dairy Lunchmen's Union, Local 30, the St. Francis Hotel Corporation, and Alioto's No. 8 Restaurant seeking relief from the defendants' alleged racially discriminatory employment practices in the San Francisco...

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