CHISHOLM v. UNITED STATES POSTAL SERVICE

No. 80-1800.

665 F.2d 482 (1981)

Napoleon CHISHOLM, Herman Rushing, Alfred A. Hart, Jr., William McCombs, William H. Holman, James M. Little, John A. Pettice, James F. Lee, Norman A. Mitchell, Roy Dixon, Jr., Tom McGill, Milton J. Yongue, Sr., Peggy F. Talbert, Oren McCullough, Clarence Morgan, John T. Harrison, Wade Mosley, Appellees, v. The UNITED STATES POSTAL SERVICE, A. Shaw, Officer in charge of the Charlotte Postal Service; E. T. Klassen, Postmaster General of the United States; Michael R. Greeson, Director of Personnel of the Charlotte Branch of The United States Postal Service, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 25, 1981.


Attorney(s) appearing for the Case

David G. Karro, U. S. Postal Service, Washington, D. C. (Stephen E. Alpern, Associate Gen. Counsel, David Fishman, U. S. Postal Service, Washington, D. C., on brief), for appellants.

Jonathan Wallas, Charlotte, N. C. (Chambers, Ferguson, Watt, Wallas, Adkins & Fuller, P. A., Louis L. Lesesne, Jr., Gillespie & Lesesne, Charlotte, N. C., Jack Greenberg, Bill Lann Lee, Beth J. Lief, New York City, on brief), for appellees.

Before PHILLIPS, MURNAGHAN and ERVIN, Circuit Judges.


ERVIN, Circuit Judge:

Napoleon Chisholm and other named plaintiffs brought this class action on behalf of fellow black employees against the United States Postal Service in Mecklenburg County, North Carolina (USPS) for racially discriminatory employment practices. After a bench trial in 1979, the district court renewed the class certification; concluded that USPS was liable to the class under a disparate impact theory for discriminatory promotion practices and liable...

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