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IN RE BURLINGTON NORTHERN, EMP. PRACTICES LIT.

Nos. 85-2898, 85-3087.

810 F.2d 601 (1986)

In re BURLINGTON NORTHERN, INC. EMPLOYMENT PRACTICES LITIGATION. Appeal of Paul C. SPRENGER, et al., Lead Counsel-Appellants. Appeal of William E. McBRIDE, et al., Plaintiffs-Appellants. Appeal of AMERICAN TRAIN DISPATCHERS ASSOCIATION, AFL-CIO, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 2, 1986.

Opinion on Rehearing February 23, 1987.

Attorney(s) appearing for the Case

Lee Freeman, Chicago, Ill., Michael S. Wolly, Mullholland & Hickey, Washington, D.C., Harold A. Ross, Ross & Kraushaar, Cleveland, Ohio, for appellants.

Christopher T. Lutz, Steptoe & Johnson, Washington, D.C., for Burlington Northern.

Before CUDAHY and FLAUM, Circuit Judges, and CAMPBELL, Senior District Judge.

Opinion on Rehearing February 23, 1987 in No. 85-2898.

FLAUM, Circuit Judge.

This appeal involves two issues left unresolved after the settlement of a multi-million-dollar Title VII race discrimination class action against the Burlington Northern railroad and its unions. The district court in Chicago certified the class, composed of black employees throughout the BN system, in 1978, and in 1979 the Judicial Panel on Multidistrict Litigation consolidated in...

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