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HEFNER v. NEW ORLEANS PUBLIC SERV., INC.

No. 77-1671.

605 F.2d 893 (1979)

Glenn N. HEFNER, etc., Plaintiff-Appellant, v. NEW ORLEANS PUBLIC SERVICE, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 1, 1979.

Attorney(s) appearing for the Case

Dale C. Wilks, Louis B. Merhige, New Orleans, La., for plaintiff-appellant.

Michael J. Molony, Jr., New Orleans, La., for defendants-appellees.

Donald J. Bernard, Sidney H. Cates, IV, New Orleans, La., for Amalgamated Transit Union.

James P. Scanlan, Atty., EEOC, Washington, D. C., amicus curiae, for defendants-appellees.

Before GOLDBERG, FAY and VANCE, Circuit Judges.

GOLDBERG, Circuit Judge:

This case involves a challenge under Title VII of the Civil Rights Act of 1964, U.S.C. § 2000e et seq., and 42 U.S.C. § 1981 to a consent decree resulting from an earlier class action suit and a collective bargaining agreement incorporating its provisions. Together, these agreements implemented an affirmative action program for black transit operators. We do not reach the merits of either of plaintiff's claims since both were...

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