HIBBLER v. MILLER'S OF BIRMINGHAM BANKHEAD HWY., INC.

No. 74-1320 Summary Calendar.

496 F.2d 1171 (1974)

Velma HIBBLER, Plaintiff-Appellant, v. MILLER'S OF BIRMINGHAM BANKHEAD HIGHWAY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 2, 1974.


Attorney(s) appearing for the Case

David H. Coar, Birmingham, Ala., for plaintiff-appellant.

J. Roy Weathersby, Atlanta, Ga., James L. North, Birmingham, Ala., for defendant-appellee.

Before COLEMAN, DYER and RONEY, Circuit Judges.


PER CURIAM.

This litigation began as a class action suit praying for declaratory and injunctive relief as to alleged racial employment practices on the part of Miller's Department Store, the defendant-appellee.

The defendant moved to dismiss the complaint for failure to join as an indispensable party the Retail, Wholesale, and Department Store Union, AFL-CIO, with whom the Store had a collective bargaining agreement. Although the complaint contained no averments...

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