UNITED STATES v. TRUCKING MANAGEMENT, INC.

Nos. 79-2102, 79-2103.

662 F.2d 36 (1981)

UNITED STATES of America and Equal Employment Opportunity Commission, v. TRUCKING MANAGEMENT, INC., et al., North Penn Transfer, Inc., Appellant. UNITED STATES of America and Equal Employment Opportunity Commission, Appellants, v. TRUCKING MANAGEMENT, INC., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 14, 1981.


Attorney(s) appearing for the Case

David B. Marblestone, Atty., Dept. of Justice, Washington, D. C., of the bar of the Supreme Court of Illinois pro hac vice by special leave of Court, and Warren B. Duplinsky, Atty., Equal Employment Opportunity Commission, Washington, D. C., with whom Drew S. Days, III, Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty., Walter W. Barnett and David L. Rose, Attys., Dept. of Justice, Lutz Alexander Prager and Paul E. Mirengoff, Attys., Equal Employment Opportunity Commission, James D. Henry and Louis G. Ferrand, Jr., Attys., Dept. of Labor, LeRoy D. Clark, Gen. Counsel, Joseph T. Eddins, Associate Gen. Counsel, and Carin Ann Clauss, Sol. of Labor, Washington, D. C., were on the brief for United States of America, et al., appellants in No. 79-2103 and cross-appellees in No. 79-2102. Beatrice Rosenberg, Atty., Equal Employment Opportunity Commission, Washington, D. C., also entered an appearance for appellants in No. 79-2103.

Roland P. Wilder, Jr., Washington, D. C., with whom David Previant, Milwaukee, Wis., Wilma B. Liebman, and Robert M. Baptiste, Washington, D. C., were on the brief for International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, appellee in Nos. 79-2102 and 79-2103.

Michael J. Gallagher, Washington, D. C., with whom R. F. Beagle and James L. Moeller, Washington, D. C., were on the brief for Arkansas-Best Freight Systems, Inc., et al., appellees in Nos. 79-2102 and 79-2103.

Harry A. Rissetto, Washington, D. C., with whom Charles P. O'Connor, William J. Curtin, and Susan S. Sauntry, Washington, D. C., were on the brief for Trucking Management, Inc., et al., appellee in Nos. 79-2102 and 79-2103.

Plato E. Papps, Washington, D. C., Alfred M. Klein, and Thomas J. Fineman, Los Angeles, Cal., entered appearances for International Ass'n. of Machinists and Aerospace Workers, AFL-CIO, appellee in Nos. 79-2102 and 79-2103.

Francis M. Gregory, Jr., Washington, D. C., with whom Marilyn L. Muench, Washington, D. C., was on the brief for North Penn Transfer, Inc., appellant in No. 79-2192.

Thomas G. Abrams, Andrea R. Waintroob, Robert E. Williams, and Douglas S. McDowell, Washington, D. C., were on the brief for Equal Employment Advisory Council, amicus curiae, urging affirmance in No. 79-2102.

Before SWYGERT, Circuit Judge, United States Court of Appeals for the Seventh Circuit, WILKEY and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

Appellants United States and Equal Employment Opportunity Commission (EEOC) first brought this suit in 1974, urging that a defendant class of trucking companies, two labor unions, and their collective bargaining representatives had engaged in hiring, assignment, and seniority practices unlawful under both Title VII of the Civil Rights Act of 19641 and Executive...

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