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McARTHUR v. SOUTHERN AIRWAYS, INC.

No. 75-3933.

569 F.2d 276 (1978)

Patricia C. McARTHUR et al., Plaintiffs, Fay Mathews Eubanks et al., for themselves and all other female employees similarly situated, Plaintiffs-Appellants Cross Appellees, v. SOUTHERN AIRWAYS, INC., et al., Defendants-Appellees Cross Appellants, and Myra Blackburn et al., Intervenors-Co-Defendants-Appellees Cross Appellants.

United States Court of Appeals, Fifth Circuit.

March 9, 1978.

Attorney(s) appearing for the Case

J. R. Goldthwaite, Jr., Atlanta, Ga., for plaintiffs.

Vella M. Fink, EEOC, Washington, D. C., for amicus curiae.

John B. Shepard, Erle Phillips, Atlanta, Ga., for Southern Airways.

Duane C. Aldrich, Richard R. Boisseau, Atlanta, Ga., for Blackburn, et al.

Asher W. Schwartz, John F. O'Donnell, Renee F. Rivkis, Malcolm A. Goldstein, New York City, for Transport Workers Union.

Before BROWN, Chief Judge, and COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, FAY, RUBIN, and VANCE, Circuit Judges.

PER CURIAM:

The opinion of the panel, 5 Cir., 556 F.2d 298, is withdrawn in its entirety. That opinion is vacated so as to leave open in this circuit all issues decided there.

This Title VII case is controlled by United Air Lines v. Evans, 431 U.S. 553, 97 S.Ct. 1885, 52 L.Ed.2d 571 (1977), decided subsequent to the appeal in this cause. The district court decision in Evans, which...

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