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EQUAL EMPLOYMENT OPPORTUNITY v. CHESAPEAKE & O. RY.

Nos. 76-1900, 76-2442.

577 F.2d 229 (1978)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. CHESAPEAKE & OHIO RAILWAY COMPANY Locals 304 and 320, Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, Appellees. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. The CHESAPEAKE & OHIO RAILWAY COMPANY, Appellee, and Locals 304 and 320, Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, Defendants, Equal Employment Advisory Council, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 24, 1978.

Attorney(s) appearing for the Case

Raj K. Gupta, Atty., Equal Employment Opportunity Commission, Washington, D. C. (Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel and Beatrice Rosenberg, Asst. Gen. Counsel, Equal Employment Opportunity Commission, Washington, D. C., on brief), for appellant.

Jack W. Burtch, Jr., Richmond, Va. (Paul M. Thompson, Christine H. Perdue, Hunton & Williams, Richmond, Va., Joseph B. Geyer, Baltimore, Md., Law Dept., Chessie System, Inc., on brief), for appellees.

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

BUTZNER, Circuit Judge:

The Equal Employment Opportunity Commission appeals from an order of the district court summarily dismissing claims of sex discrimination brought under Title VII of the Civil Rights Act of 1964 [42 U.S.C. § 2000e et seq.] against the Chesapeake & Ohio Railway Company and claims of racial discrimination with respect to jobs in Richmond, Virginia, that were not subject to the company's bargaining agreement with the Brotherhood...

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