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LOVE v. PULLMAN COMPANY

Nos. 76-1993 to 76-1995.

569 F.2d 1074 (1978)

Earl A. LOVE, on behalf of himself and all others similarly situated, Plaintiffs-Appellees, Cross-Appellants, v. The PULLMAN COMPANY, an Illinois Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 26, 1978.

Attorney(s) appearing for the Case

David Clark Miller, of Neef, Swanson & Myer, Denver, Colo. (Robert Swanson, Denver, Colo., with him on the brief), for appellant, The Pullman Co.

Hugh J. McClearn, of Conover, McClearn & Heppenstall, P.C., Denver, Colo., James L. Hudson and Richard A. Penna, of Hudson & Leftwich, Washington, D. C. (Willie L. Leftwich, Ronald C. Jessamy and Louis J. Ebert, Washington, D. C., and Jack Greenberg, N.A.A.C.P. Legal Defense and Education Fund, Inc., New York City, of counsel, with them on the briefs), for appellees.

Mary-Helen Mautner, Atty., E.E.O.C., Washington, D. C. (Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Associate Gen. Counsel, Beatrice Rosenberg, and Charles L. Reischel, Asst. Gen. Counsel, E.E.O.C., Washington, D. C., with her on the brief), for amicus curiae, Equal Employment Opportunity Commission.

Before LEWIS, Chief Judge, SETH, Circuit Judge, and BRIMMER, Chief Judge.

SETH, Circuit Judge.

These appeals have been taken from a judgment which held that The Pullman Company had violated Title VII of the 1964 Civil Rights Act, 42 U.S.C. §§ 2000e et seq. As the remedy, the court directed the payment of back pay to the plaintiff class based on a formula contained in the judgment. The matter was referred to a master for the computation. Some of plaintiffs have cross-appealed as to some elements of the back-pay formula, and as...

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