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CARSON v. AMERICAN BRANDS, INC.

No. 77-2260.

654 F.2d 300 (1981)

Frank L. CARSON, Lawrence Hatcher, Stuart E. Mines, Appellants, v. AMERICAN BRANDS, INC., t/a The American Tobacco Company; Local 182, Tobacco Workers International; Tobacco Workers International Union, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 17, 1981.

Attorney(s) appearing for the Case

P. Peter Sherwood, New York City, John W. Scott, Jr., Fredericksburg, Va., Henry L. Marsh, III, William H. Bass, III and Randall G. Johnson, Richmond, Va., for appellants.

Henry T. Wickham, D. Eugene Webb, Jr., Jay J. Levit, Levit & Mann, Richmond, Va., for appellees.

Before WINTER, Chief Judge, and BUTZNER, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE and ERVIN, Circuit Judges, sitting in banc.

PER CURIAM:

This case is before the in banc* court again following remand by the Supreme Court for further proceedings in conformity with the opinion of the Court. See Carson v. American Brands, Inc., 450 U.S. 79, 101 S.Ct. 993, 67 L.Ed.2d 59 (1981).

In our previous decision, Carson v. American Brands, Inc., 606 F.2d 420 (4 Cir. 1979) (in banc), a majority...

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