Employment Practices Decisions Archive: 1937 - 1995, EMPLOYMENT-PRACTICES 6 EPD ¶8971, Lorenzo Hayes et al., Plaintiffs v. Seaboard Coast Line Railroad Company et al., Defendants., (Nov. 19, 1973), (Nov. 19, 1973)

Lorenzo Hayes et al., Plaintiffs v. Seaboard Coast Line Railroad Company et al., Defendants.

United States District Court, Southern District of Georgia, Savannah Division., November 19, 1973

Title VII--Civil Rights Act of 1964

Racial Discrimination--Railroad Industry--Court Action.

--A race bias suit against a railroad and the unions was to proceed toward trial. Certain alleged discriminatees bringing suit were not to be dismissed from the suit nor was the railroad to get partial summary judgment.

Back reference.-- ¶2510.15.

Issuing rulings on pretrial motions in (DC Ga. 1968) 1 EPD ¶9936 , and motions in (DC Ga. 1968) 1 EPD ¶9953 , 46 F. R. D. 49, following denial of appeal in (CA-5 1971) 3 EPD ¶8320 , from (DC Ga. 1971) 3 EPD ¶8170 .

Bobby L. Hill, Savannah, Georgia, and Jack Greenberg, New York, New York, for Plaintiffs.

Adams, Adams, Brennan & Gardner, Savannah, Georgia, and James L. Highsaw, Jr., Washington, D. C., for Defendants.

Order

LAWRENCE, C. J.: The above action having come before the Court upon motions of the parties as described below, and briefs and arguments of counsel having been received and considered, it is ORDERED:

1. On April 9, 1971, the Court stayed this action pending joinder of individual white employees as parties defendant (3 EPD ¶8170 ); an appeal from that order was denied by the Fifth Circuit (3 EPD ¶8320 ). Counsel for the parties herein then proceeded to trial with similar issues in English v. Seaboard Coast Line Railroad Company, Waycross Division, Civil Action No. 691. On January 12, 1973, SCL and BRAC entered into an agreement merging Group 1 and Group 2 on a date-of-hire basis; that agreement has now been incorporated into an order of this Court dated November 16, 1973 [6 EPD ¶8970 ]. Therefore, it appears that the stay is no longer necessary; the order of April 9, 1971 is accordingly vacated.

2. Seaboard Coast Line Railroad Company’s fourth motions, for limitation of back pay, are reserved for decision at or following trial.

3. SCL’s fifth motion, for joinder of the United Transport Service Employees, is dismissed as moot, the Court having been advised that the UTSE has been merged into the defendant BRAC.

4. SCL’s sixth motions, with respect to dismissal of parties plaintiffs, are denied in light of the Fifth Circuit’s en banc decision on rehearing in Huff v. N. D. Cass Co.,--F. 2d--, 6 EPD ¶8800 (slip op. dated September 4, 1973), it appearing that regardless of the standing or employment status of the individual the class action is, as a general rule, allowed to proceed absent compelling reasons to the contrary.

5. SCL’s motion for partial summary judgment is denied. The motion is based on allegations that two of the plaintiffs, Lee H. Stephens and Willie Campbell, stated on deposition that their complaint stemmed from the dissolution of the Savannah Union Station Company and the consequent loss of seniority of SUSCO employees upon their assimilation into the operations of the Atlantic Coast Line and Seaboard Air [Coast] Line Railroad Companies. This motion creates a question of fact more appropriate for resolution at trial.

6. SCL’s motion to compel answers to its second interrogatories is granted, but costs and attorneys’ fees are denied. Plaintiffs are ordered to respond fully to said interrogatories within thirty days of the date of this order, all objections thereto having been waived.