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PATTERSON v. AMERICAN TOBACCO CO.

Nos. 78-1083, 78-1084.

634 F.2d 744 (1980)

John PATTERSON, Marion Moshoe, Edmund Page, James Randolph and Percy Taylor, each Individually and on behalf of all other persons similarly situated and Equal Employment Opportunity Commission, Appellees, v. The AMERICAN TOBACCO COMPANY, a Division of American Brands, Inc., Appellant, and Tobacco Workers' International Union, an unincorporated association, et al., Defendant. John PATTERSON, Marion Moshoe, Edmund Page, James Randolph and Percy Taylor, each Individually and on behalf of all other persons similarly situated and Equal Employment Opportunity Commission, Appellees, v. TOBACCO WORKERS' INTERNATIONAL UNION, an unincorporated association; Local 182, Tobacco Workers' International Union, an unincorporated association, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 18, 1980.

Attorney(s) appearing for the Case

Henry T. Wickham, Richmond, Va. (John F. Kay, Jr., Stephen A. Northup, Mays, Valentine, Davenport & Moore, Richmond, Va., Paul G. Pennoyer, Jr., Arnold Henson, Bernard W. McCarthy, Chadbourne, Parke, Whiteside & Wolff, New York City, on brief), for the American Tobacco Company, A Division of American Brands, Inc.

Jay J. Levit, Richmond, Va. (James F. Carroll, New York City, on brief), for Tobacco Workers' Intern. Union and Local 182, Tobacco Workers' Intern. Union.

Henry L. Marsh, III, Richmond, Va. (S. W. Tucker, Randall G. Johnson, John W. Scott, Jr., Hill, Tucker & Marsh, Richmond, Va., Jack Greenberg, Barry L. Goldstein, O. Peter Sherwood, New York City, on brief), for John Patterson, et al.

Ramon V. Gomez, Equal Employment Opportunity Commission, Washington, D. C. (Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Associate Gen. Counsel, Beatrice Rosenberg, Asst. Gen. Counsel, Washington, D. C., on brief), for Equal Employment opportunity Commission.

Before HAYNSWORTH, Chief Judge, and WINTER, BUTZNER, RUSSELL, WIDENER, HALL and PHILLIPS, Circuit Judges, sitting en banc.

JAMES DICKSON PHILLIPS, Circuit Judge:

In these consolidated Title VII actions brought by EEOC and a class of black employees against American Tobacco Company (American) and Tobacco Workers' International Union (Union) alleging race and sex discrimination in hiring, promotion, transfer and other employment practices, the district court found violations and granted sweeping relief which, with modifications, was then approved by this court upon appeal. Patterson...

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