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SMITH v. INTERNATIONAL LONGSHOREMEN'S ASS'N

Nos. 78-1003, 78-1004.

592 F.2d 225 (1979)

Benjamin H. SMITH, Mack Allison, Savannah Cunningham, Sylvester Barnett, and Edward Hutcherson, Individually and on behalf of all others similarly situated, Appellants, v. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, AFL-CIO, LOCAL NO. 333, Amstar Corporation, Atlantic and Gulf Stevedores, Inc., Baltimore Stevedoring Company, Chesapeake Operating Company, Cottman Company, Cramco, I. T. O. Corporation of Baltimore, John T. Clark and Son of Maryland, Inc., Maher Terminals, Inc., Nacirema Operating Company, Inc., Robert C. Herd and Company, Inc., Terminal Shipping and Company, United States Lines, Inc., and Steamship Trade Association of Baltimore, Incorporated, Appellees. Benjamin H. SMITH, Mack Allison, Savannah Cunningham, Sylvester Barnett, and Edward Hutcherson, Individually and on behalf of all others similarly situated, Appellees, v. UNITED STATES LINES, INC., Appellant, and International Longshoremen's Association, AFL-CIO, Local No. 333, Amstar Corporation, Atlantic and Gulf Stevedores, Inc., Baltimore Stevedoring Company, Chesapeake Operating Company, Cottman Company, Cramco, I. T. O. Corporation of Baltimore, John T. Clark and Son of Maryland, Inc., Maher Terminals, Inc., Nacirema Operating Company, Inc., Robert C. Herd and Company, Inc., Terminal Shipping and Company Steamship Trade Association of Baltimore, Incorporated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 13, 1979.

Attorney(s) appearing for the Case

Kenneth Johnson, Baltimore, Md. (Evelyn O. A. Darden, Anthony W. Robinson, Baltimore, Md., on brief), for appellants.

Paul B. Lang, Baltimore, Md. (A. Adgate Duer, Barrett W. Freedlander, Baltimore, Md., on brief), Stanley Mazaroff, Baltimore, Md. (Jeffrey P. Ayres, Washington, D. C., Venable, Baetjer & Howard, Baltimore, Md., on brief), Robert J. Hickey, Washington, D. C. (Russell T. Weil, Claudia M. James, Kirlin, Campbell & Keating, Washington, D. C., Bernard J. Sevel and Howard K. Kurman, David R. Owen, Anthony W. Kraus, Semmes, Bowen & Semmes, Baltimore, Md., William H. Fort, Washington, D. C., A. Owen Hennegan, Towson, Md., T. S. L. Perlman, Washington, D. C., George L. Russell, Jr. and Lawrence S. Wescott, Baltimore, Md., on brief), for appellees.

Before WINTER, RUSSELL and WIDNER, Circuit Judges.

PER CURIAM:

This is a discrimination action begun against eighteen defendants, including fourteen members of the local Steamship Trade Association, the Trade Association itself, Trustees of a welfare Trust Fund, and a labor union with which the plaintiffs were affiliated as members and which represented, as bargaining agent, the employees of the defendants-members of the Trade Association. The defendants moved to dismiss...

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