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MUSKELLY v. WARNER AND SWASEY CO.

No. 80-1872.

653 F.2d 112 (1981)

Willis MUSKELLY, individually and on behalf of others similarly situated, Appellee, v. WARNER AND SWASEY COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 25, 1981.

Rehearing Denied September 16, 1981.

Attorney(s) appearing for the Case

John R. Wester, Everett J. Bowman, Charlotte, N.C. (Richard A. Vinroot, Fleming, Robinson, Bradshaw & Hinson, P.A., Charlotte, N.C., on brief), for appellant.

Jeffrey L. Bishop, Charlotte, N.C. (Casey & Bishop, P.A., Charlotte, N.C., on brief), for appellee.

Before MURNAGHAN and SPROUSE, Circuit Judges, and ERWIN, District Judge.

MURNAGHAN, Circuit Judge:

Willis Muskelly instituted suit under Title VII, 42 U.S.C. § 2000e, et seq. and under 42 U.S.C. § 1981 (1974), charging Warner and Swasey Co. with racial discrimination in failure to promote. In addition to pursuing his individual claim, Muskelly sought to represent employees and applicants for employment in a class action suit challenging allegedly discriminatory employment practices...

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