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McARTHUR v. SOUTHERN AIRWAYS, INC.

No. 75-3933.

556 F.2d 298 (1977)

Patricia C. McARTHUR, Plaintiff, Fay Mathews Eubanks et al., for themselves and all other female employees similarly situated, Plaintiffs-Appellants Cross-Appellees, v. SOUTHERN AIRWAYS, INC., et al., Defendants-Appellees Cross-Appellants, and Myra Blackburn et al., Intervenors-Co-Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted October 11, 1977.

Attorney(s) appearing for the Case

J. R. Goldthwaite, Jr., Atlanta, Ga., for plaintiff.

John B. Shepard, Erle Phillips, Atlanta, Ga., for Southern Airways.

John F. O'Donnell, Asher W. Schwartz, Renee H. Rivkis, Malcolm A. Goldstein, New York City, for Transport Workers Union.

Duane C. Aldrich, Richard R. Boisseau, Atlanta, Ga., for Rep. Blackburn, et al.

Before CLARK and GEE, Circuit Judges, and MARKEY, Chief Judge.

Rehearing En Banc Granted October 11, 1977.

CLARK, Circuit Judge:

This appeal presents a diverse combination of litigants who raise a wide variety of legal arguments all of which are affected by an erroneous procedural ruling with broad impact and the intervention of significant new precedents after the instant appeal was filed. The coalescence of these factors indicate that the appeal should not be resolved in an ordinary way. 28 U.S.C. § 2106 (1970...

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