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KIRBY v. COLONY FURNITURE CO., INC.

No. 78-1808.

613 F.2d 696 (1980)

Theresa KIRBY, Special Administratrix, Grathey Nelson and Lemuel Mims, Appellants, v. COLONY FURNITURE COMPANY, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 9, 1980.

Attorney(s) appearing for the Case

John M. Bilheimer, Kaplan, Brewer, Bilheimer & Marks, Little Rock, Ark., for appellants; John W. Walker, Little Rock, Ark., on brief.

William S. Mitchell, Jr., Mitchell & Lowry, Little Rock, Ark., for appellee.

Before GIBSON, Chief Judge, ROSS and McMILLIAN, Circuit Judges.

McMILLIAN, Circuit Judge.

Appellants William Kirby,1 Grathey Nelson and Lemuel Mims, on behalf of themselves and the class they represent, appeal from the judgment of the district court on their Title VII employment discrimination claim. For reversal appellants argue that the trial court erred (1) in refusing to certify the class of black employees at Colony Furniture Co. (Colony) for the purposes...

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