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SCOTT v. CITY OF ANNISTON, ALA.

No. 77-1979.

597 F.2d 897 (1979)

Mack SCOTT et al., Plaintiffs-Appellants, v. The CITY OF ANNISTON, ALABAMA, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 13, 1979.

Attorney(s) appearing for the Case

George C. Longshore, Birmingham, Ala., for plaintiffs-appellants.

John R. Phillips, Anniston, Ala., for Anniston Civil Serv. Bd., Miller & Sawyer.

Richard B. Emerson, Anniston, Ala., for City of Anniston et al.

Before MORGAN, FAY and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

In this Title VII class action,1 brought on behalf of black employees of the Public Works Department of the City of Anniston, Alabama, many of the issues turn on whether it suffices, in order to prevail, that plaintiffs prove discrimination alone or whether they must in addition prove that it was purposeful. We hold, on both principle and authority, that proof of intentional discrimination is not essential...

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