E. E. O. C. v. SAFEWAY STORES, INC.

No. 78-1138.

611 F.2d 795 (1979)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. SAFEWAY STORES, INC.; Denver Retail Grocers & Retail Clerks Union Local No. 7; Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, Local No. 634; the International Union of Operating Engineers Local Union No. 1; Delivery Drivers, Warehousemen and Helpers, Local Union No. 435; Milk Drivers and Dairy Employees Local Union No. 537; and Warehouse and Distribution Employees Union, Local Union No. 452, Defendants-Appellees, v. Howard COURTWRIGHT; Sam Cutrell; Richard Cyr; Jim Doyle; Carl Gustafson; Gene Hines; Terry Huckins; Don Peters; Roger Pierce; Eldon Rhodes; Joe Rielly; Jon Scroggins; Dennis Smith; Wayne Stallsworth; Gene Tuggle; Paul Ullerich; and Fred Woolsey, Intervenors-Appellants.

United States Court of Appeals, Tenth Circuit.

December 5, 1979.


Attorney(s) appearing for the Case

John A. Criswell of Criswell & Patterson, Englewood, Colo., for intervenors-appellants.

Martin D. Buckley of Hornbein, MacDonald & Fattor, Denver, Colo., for defendant-appellee Delivery Drivers, Warehousemen and Helpers, Local Union No. 435.

Gregory A. Eurich of Holland & Hart, Denver, Colo. (Richard W. Comfort, Jr., Denver, Colo., on brief), for defendant-appellee Safeway Stores.

Marilyn S. G. Urwitz, Washington, D.C. (Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, and Beatrice Rosenberg, Asst. Gen. Counsel, Washington, D.C., on brief), for plaintiff-appellee Equal Employment Opportunity Commission.

Walter C. Brauer, III, of Brauer & Simons, Denver, Colo. (Thomas B. Buescher, Denver, Colo., on brief), for defendant-appellee Amalgamated Meat Cutters and Butcher Workmen of North America Local No. 634.

Before SETH, Chief Judge, and McWILLIAMS and McKAY, Circuit Judges.


McKAY, Circuit Judge.

This action was instituted by the Equal Employment Opportunity Commission (EEOC) pursuant to § 706 of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-5(f), (g), alleging unfair employment practices by Safeway Stores, Inc. After the filing of initial pleadings, EEOC, Safeway and the various labor unions made up of Safeway employees joined as defendants pursuant to Fed.R.Civ.P. 19(a)(2) entered into a lengthy consent...

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