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MOSLEY v. ST. LOUIS SOUTHWESTERN RY.

No. 80-1447. Summary Calendar.

634 F.2d 942 (1981)

Aaron MOSLEY et al., Plaintiffs-Appellants, v. ST. LOUIS SOUTHWESTERN RAILWAY, d/b/a Cotton Belt Route, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied February 24, 1981.

Attorney(s) appearing for the Case

Daves, McCabe & Crews, Joe K. Crews, Tyler, Tex., for plaintiffs-appellants.

Charles Stephen Ralston, New York City, amicus curiae, for NAACP Legal Defense & Educational Fund Inc.

William H. Ng, Robert E. Williams, Douglas S. McDowell, Mary Louise Kibbey, Washington, D.C., amicus curiae, for E.E.O.C.

Baker & Botts, V. Reagan Burch, Jr., Joseph R. Weeks, Houston, Tex., for defendant-appellee.

Before AINSWORTH, GARZA and SAM D. JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 24, 1981.

SAM D. JOHNSON, Circuit Judge:

This is an employment discrimination case brought under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Plaintiffs allege that the defendant, St. Louis Southwestern Railway Co., refused to hire plaintiffs on the basis of their race, and that the test used to screen job applicants had not been validated. Prior to...

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