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McGOWAN v. FAULKNER CONCRETE PIPE CO.

No. 81-4001 Summary Calendar.

659 F.2d 554 (1981)

Johnny B. McGOWAN, et al., Plaintiffs-Appellants, v. FAULKNER CONCRETE PIPE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A.

October 15, 1981.

Attorney(s) appearing for the Case

Firnist J. Alexander, Jr., Jackson, Miss., for plaintiffs-appellants.

Christopher A. Shapley, Jackson, Miss., for defendant-appellee.

Before GEE, GARZA and TATE, Circuit Judges.

TATE, Circuit Judge:

The plaintiffs appeal the dismissal of their suit for failure to follow orders of the court and want of prosecution, Fed.R.Civ.P. 41(b), and also complain of the denial of class certification. They sue their former employer ("Faulkner") on their own behalf and on behalf of past, present, and future black employees, alleging racially discriminatory employment practices. The relief sought is based both on section 1 of the Civil Rights Act of 1866...

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