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EQUAL EMPLOYMENT OPPORTUNITY COM'N v. LOCAL 638

No. 1302, Docket 76-6003.

565 F.2d 31 (1977)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, and the City of New York, Plaintiffs-Appellees, v. LOCAL 638 . . . Local 28 of the Sheet Metal Workers' International Association and Local 28 Joint Apprenticeship Committee, Defendants-Appellants, Sheet Metal and Air-Conditioning Contractors' Association of New York City, Inc., etc., Defendants. LOCAL 28, Third-Party Plaintiff, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Third-Party Defendant. LOCAL 28 JOINT APPRENTICESHIP COMMITTEE, Fourth-Party Plaintiff, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Fourth-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided October 18, 1977.

Attorney(s) appearing for the Case

Sol Bogen, New York City, for defendants-appellants.

Mary-Helen Mautner, Atty., Equal Employment Opportunity Comm'n, Washington, D. C. (Robert B. Fiske, Jr., U. S. Atty., Southern District of New York, Taggart D. Adams and Louis G. Corsi, Asst. U. S. Attys., New York City, Abner W. Sibal, General Counsel, Equal Employment Opportunity Comm'n, Washington, D. C., Joseph T. Eddins, Jr., Associate Gen. Counsel, Beatrice Rosenberg, Asst. Gen. Counsel, EEOC, Washington, D. C., of counsel), for plaintiff-appellee Equal Employment Opportunity Commission.

Ellen Kramer Sawyer, New York City (W. Bernard Richland, Corp. Counsel of the City of New York, Gerald J. Dunbar, New York City, of counsel), for appellee City of New York.

Before SMITH, OAKES and MESKILL, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Local 28 of the Sheet Metal Workers' International Association ("Local 28") and the Local 28 Joint Apprenticeship Committee ("JAC") appeal from an Affirmative Action Program and Order ("AAP&O") entered in the United States District Court for the Southern District of New York, Henry F. Werker, Judge, following a finding that Local 28 and JAC had violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e

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