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CARSON v. AMERICAN BRANDS, INC.

No. 77-2260.

606 F.2d 420 (1979)

Frank L. CARSON, Lawrence Hatcher, Stuart E. Mines, Appellants, v. AMERICAN BRANDS, INC., t/a The American Tobacco Company; Local 182, Tobacco Workers International, Tobacco Workers International Union, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 14, 1979.

Attorney(s) appearing for the Case

John W. Scott, Jr., Fredericksburg, Va., Henry L. Marsh, III, William H. Bass, III, Randall G. Johnson, Hill, Tucker & Marsh, Richmond, Va., for appellants; Jack Greenberg, New York City, Barry L. Goldstein, Washington, D. C., on brief.

D. Eugene Webb, Jr., Henry T. Wickham, Mays, Valentime, Davenport & Moore, Richmond, Va., on brief for American Brands, Inc., t/a The American Tobacco Company.

Jay J. Levit, Stallard & Levit, Richmond, Va., James F. Carroll, New York City, on brief for Local 182, Tobacco Workers International Union, Tobacco Workers International Union.

Before HAYNSWORTH, Chief Judge and WINTER, BUTZNER, RUSSELL, WIDENER, HALL and PHILLIPS, Circuit Judges.

Submitted En Banc June 5, 1979.

K. K. HALL, Circuit Judge:

Plaintiffs seek an interlocutory appeal under 28 U.S.C. § 1292(a)(1) of the district court's refusal to enter a consent decree agreed to by the named parties in a Title VII class action.

The suit is based on claims of race discrimination and is brought against employer and union on behalf of black workers and black applicants for employment at an American Tobacco Company plant in Richmond...

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