KELLEY v. NORFOLK & W. RY. CO.

No. 77-1562.

584 F.2d 34 (1978)

William T. KELLEY, Charles P. Scott, Linwood Spruell, Fletcher Parker, Jr., Richard I. Johnson, Jr., George B. Gates, Linwood McGlone, and Earnest Carlton, Individually and on behalf of all others similarly situated, Appellants, v. NORFOLK AND WESTERN RAILWAY COMPANY, a Corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1978.


Attorney(s) appearing for the Case

Alan P. Owens, Norfolk, Va. (Smith, Power & Owens, Norfolk, Va., on brief), for appellants.

James T. Turner, Norfolk, Va. (Williams, Worrell, Kelly & Greer, Norfolk, Va., on brief), for appellee.

Before WINTER and RUSSELL, Circuit Judges, and FIELD, Senior Circuit Judge.


PER CURIAM:

This is a discrimination case begun by six employees in the 38th Street Car Shop of the defendant. Two additional employees were later permitted to intervene. Both individual and class relief were sought. The District Court, however, denied class certification and, after trial, dismissed the individual claims of discrimination. The plaintiffs have appealed both the denial of class certification and the dismissal of their individual claims.

We affirm...

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