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CLAIBORNE v. ILLINOIS CENT. R. R.

No. 75-3790.

583 F.2d 143 (1978)

Allen CLAIBORNE et al., on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellees, Cross-Appellants, v. ILLINOIS CENTRAL RAILROAD et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 18, 1978.

Attorney(s) appearing for the Case

H. Martin Hunley, Jr., Albert H. Hanemann, Jr., New Orleans, La., Martin W. Fingerhut, Asst. Vice-Pres. Ill. Central Gulf R.R., Chicago, Ill., for defendants-appellants, cross-appellees.

Gerard C. Smetana, Chicago, Ill., amicus curiae for Chamber of Commerce of United States.

Steven R. Plotkin, Louis A. Gerdes, Jr., Victor H. Hess, Jr., New Orleans, La., Donald W. Fisher, Toledo, Ohio, for Brotherhood of Railway, etc.

Before RONEY, RUBIN and VANCE, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 18, 1978.

ALVIN B. RUBIN, Circuit Judge:

This appeal concerns principally the method of calculating the compensatory damages due black employees discriminated against by a railroad and whether or not they are due punitive damages. Twenty-eight black employees1 at Illinois Central Railroad's Mays Yard in Jefferson Parish, Louisiana filed this...

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