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BRYANT v. CALIFORNIA BREWERS ASS'N

No. 75-1263.

585 F.2d 421 (1978)

Abram BRYANT, Individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. CALIFORNIA BREWERS ASSOCIATION, Miller Brewing Company, Joseph Schlitz Brewing Company, Anheuser-Busch, Incorporated, Pabst Brewing Company, Theodore Hamm Company, General Brewing Company, Falstaff Brewing Corporation, Teamster Brewery and Soft Drink Workers Joint Board of California of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union 856 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America in itself and as successor to former Brewers Union Local 893 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Salesdrivers and Dairy Employees Union Local 166 in itself and as successor to former Brewers Union Local 893 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Bottlers Union Local 896 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Beer Drivers and Salesmen's Union Local 888 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Drivers Union Local 203 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Salesdrivers, Helpers, and Dairy Employees Union Local 683 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied January 11, 1979.

Attorney(s) appearing for the Case

James H. Wolpman (argued), of Romines, Wolpman, Tooby, Eichner, Sorensen & Constantinides, Palo Alto, Cal., for plaintiff-appellant.

Duane B. Beeson (argued), Brundage, Neyhart, Grodin & Beeson, San Francisco, Cal., Willard Z. Carr, Jr. (argued), Gibson, Dunn & Crutcher, Los Angeles, Cal., George Christensen (appeared), Overton, Lyman & Prince, James D. Madison, Los Angeles, Cal., (argued), Orrick, Herrington, Rowley & Sutclif, San Francisco, Cal., for defendants-appellees.

Before HUFSTEDLER and TRASK, Circuit Judges, and PREGERSON, District Judge.

Rehearing and Rehearing En Banc Denied January 11, 1979.

PREGERSON, District Judge:

INTRODUCTION

This appeal from the trial court's order dismissing the action pursuant to F.R.Civ.P. 12(b)(6) requires us to consider whether Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., may be violated by a 20 year old provision in a statewide brewery industry collective bargaining agreement. That provision in effect preserves...

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