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PETERSON v. LEHIGH VALLEY DIST. COUNCIL, ETC.

No. 81-1884.

676 F.2d 81 (1982)

Archie PETERSON and Robert Doster, individually and on behalf of a class of all others similarly situated v. The LEHIGH VALLEY DISTRICT COUNCIL, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS, an unincorporated Labor Union and General Contractors Association of Lehigh Valley, Inc. and Local No. 368 (Carpenters) and Walter D. Fries, Individually and as Business Agent for Lehigh Valley District Council, United Brotherhood of Carpenters and Joiners and Fred Miller, Individually and as Shop Steward for Local No. 368 and John Larsen, Individually and as Apprentice Co-Ordinator for the Lehigh Valley District Council, Carpenters and Joiners.

United States Court of Appeals, Third Circuit.

Decided April 8, 1982.

As Amended May 5, 1982.

Attorney(s) appearing for the Case

Charles W. Bowser (argued), William H. Bishop, Leonard Schaeffer, Pechner, Dorfman, Wolffe, Rounick & Cabot, Philadelphia, Pa., for Archie Peterson and Robert Doster.

Charles W. Johnston, Jr. (argued) Handler & Gerber, P. C., Harrisburg, Pa., for Lehigh Valley District Council, United Brotherhood of Carpenters and Joiners, Local No. 368, Walter D. Fries, Fred Miller, and John Larsen.

Sally Akan (argued), Pamela L. Perry, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for General Contractors Assn. of Lehigh Valley, Inc.

Before GIBBONS, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this civil rights case, two men hired as carpenter apprentices charge that they lost their jobs because a union, motivated by racial discrimination, refused them membership or admittance into an apprenticeship training program. The district court granted summary judgment to the union and contractor defendants because no applications for the program were being accepted at the relevant times and plaintiffs had failed...

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