415 F2d 1376 Pettway v. American Cast Iron Pipe Company

415 F.2d 1376

Rush PETTWAY and Peter J. Wrenn et al., Appellants,
v.
AMERICAN CAST IRON PIPE COMPANY, Appellee.

No. 25826.

United States Court of Appeals Fifth Circuit.

October 7, 1969.

Appeal from the United States District Court for the Northern District of Alabama; Seybourn H. Lynne, Judge.

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1

Oscar W. Adams, Jr., Birmingham, Ala., Leroy D. Clark, Robert Belton, New York City, for appellants.

2

J. R. Forman, Jr., Birmingham, Ala., for appellee.

3

Daniel Steiner, Gen. Counsel, EEOC, Russell Specter, David R. Cashdan, Attys., EEOC, Washington, D. C., Equal Employment Opportunity Comm., amici curiae.

4

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC OF 411 F.2d 998.

5

Before BROWN, Chief Judge, RIVES and McENTEE*, Circuit Judges.

PER CURIAM:

6

The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.

Notes:

*

Of the First Circuit, sitting by designation