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CUTHBERTSON v. BIGGERS BROS., INC.

No. 81-2044.

702 F.2d 454 (1983)

Carl L. CUTHBERTSON, Brown T. Worthy, Fred Johnson, Jr., Calvin Gregory, Appellees, and James H. Little, John Clay, James W. Baldwin, Bobby Campbell, Jimmie Anderson, Eddie Hicks, James Gill, Truemain Mainor, Charles Neal, Hendrick Robinson, Willie Frazier, Jr., Plaintiffs, v. BIGGERS BROTHERS, INC., Appellant, Calvin Gregory, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided March 9, 1983.

Rehearing and Rehearing Denied June 10, 1983.

Attorney(s) appearing for the Case

J.W. Alexander, Jr., Charlotte, N.C. (Blakeney, Alexander & Machen, Charlotte, N.C., on brief), for appellant.

J. Levonne Chambers, Charlotte, N.C. (Junathan Wallas, Chambers, Ferguson, Watt, Wallas, Adkins & Fuller, Linwood O. Foust, Charlotte, N.C., on brief), for appellees.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 10, 1983.

WIDENER, Circuit Judge:

Biggers Brothers, Inc. appeals from a judgment entered after a bench trial, in which it was found to have discriminated against four black employees in violation of 42 U.S.C. §§ 1981, 2000e et seq., and which awarded relief. We reverse in part and remand in part for further proceedings.

I.

The defendant, Biggers Brothers, Inc., operates a distribution...

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