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COX v. BABCOCK AND WILCOX COMPANY

No. 72-1315.

471 F.2d 13 (1972)

Calvin A. COX, Individually, and on behalf of others similarly situated, Appellant, v. BABCOCK AND WILCOX COMPANY, a corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 29, 1972.

Attorney(s) appearing for the Case

William L. Robinson, New York City (Charles M. L. Mangum, Henry B. Hinton, Jr., Lynchburg, Va., Jack Greenberg, Morris J. Baller, Jonathan K. Harkavy, Nahomi Harkavy and Albert Rosenthal, New York City, on brief), for appellant.

Norman K. Moon, Lynchburg, Va. (Edward S. Graves and Edmunds, Williams, Robertson, Sackett, Baldwin & Graves, Lynchburg, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and RUSSELL, Circuit Judge.

DONALD RUSSELL, Circuit Judge:

This is both an individual and class action, instituted under Title VII of the Civil Rights Act of 1964 to redress alleged unlawful discrimination in employment practices on the part of the defendant. The parties stipulated the issues of fact in the case and agreed initially that the issues so stipulated should be submitted to a jury. The issues, as agreed upon, it seems, related only to plaintiff's individual claim. After a jury trial...

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