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BURNS v. SOUTHERN PAC. TRANSP. CO.

No. 76-1188.

589 F.2d 403 (1978)

Duane Terrell BURNS, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION CO. et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied January 8, 1979.

Attorney(s) appearing for the Case

David Watkins (argued), Washington, D. C., for plaintiff-appellant.

Clarence M. Small, Jr. (argued), John A. Robertson (argued), Birmingham, Ala., for defendants-appellees.

Lutz Alexander Prager (argued), Washington, D.C., for Equal Employment Opportunity Commission, amicus curiae.

Before HUFSTEDLER and GOODWIN, Circuit Judges, and LUCAS, District Judge.

HUFSTEDLER, Circuit Judge:

Burns brought this Title VII action seeking to enjoin his employer, Southern Pacific Transportation Company ("Company") and the United Transportation Union and its local ("Union") from discharging him for his refusal to pay union dues and assessments in violation of his sincerely-held religious beliefs. The district court held that the Union and the Company had fulfilled their statutory duties of accommodation required by the Civil Rights...

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