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TATE v. WEYERHAEUSER CO.

No. 83-1277.

723 F.2d 598 (1983)

Larry TATE, Edward Woodus, Samuel Walters and Annie Carter, Appellants, v. WEYERHAEUSER COMPANY and United Paperworkers Local Union 619, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 9, 1983.

Rehearing Denied March 7, 1984.

Attorney(s) appearing for the Case

Michael Hamilton, Legal Dept., United Paperworkers Intern. Union, Nashville, Tenn., for appellee, United Paperworkers Intern. Union, Local 619.

Spencer F. Robinson, Ramsay, Cox, Lile, Bridgforth, Gilbert, Harrelson & Starling, Pine Bluff, Ark., for Weyerhaeuser Co.

Ben Johnson, Jr., Pine Bluff, Ark., for appellants.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.

Rehearing En Banc Denied March 7, 1984.

BOWMAN, Circuit Judge.

Plaintiff Larry Tate sued defendant Weyerhaeuser Company under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17, and under 42 U.S.C. § 1981.1 Plaintiff brought suit on his own behalf and on behalf of a class of all black employees, past, present and future, of Weyerhaeuser. He alleged that Weyerhaeuser maintains "racially...

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