SMITH v. MISSOURI PAC. R. CO.

No. 78-3477 Summary Calendar.

615 F.2d 683 (1980)

Murphy SMITH, Jr. et al., Plaintiffs-Appellees, v. MISSOURI PACIFIC RAILROAD COMPANY et al., Defendants-Appellees. Fred B. Fluitt et al., Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

April 18, 1980.


Attorney(s) appearing for the Case

Drew Ranier, Lake Charles, La., for intervenors-appellants.

Nelkin & Nelkin, Stuart Nelkin, Houston, Tex., for Murphy Smith et al.

James P. Simpson, Dallas, Tex., Anderson, Leithead, Scott, Boudreau & Savoy, Everett R. Scott, Jr., Lake Charles, La., for Missouri Pac. R. Co.

Rives, Peterson, Pettus, Conway, Elliott & Small, Clarence M. Small, Jr., Birmingham, Ala., for United Transportation.

Before GEE, RUBIN and POLITZ, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

After a suit was filed contending that a railroad had discriminated against black conductors, the district court entered an order agreed upon by the parties modifying the railroad's seniority system and giving black employees retroactive seniority. White employees were notified of the suit, and given a chance to intervene. Two years later, eleven white employees sought to have the court set aside that order. We conclude that the trial...

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