Dalton v. Employment Security Commission

DONALD RUSSELL, Circuit Judge:

The plaintiff/appellant Marvin Dalton, along with three other plaintiffs, suing individually and as representatives of a proposed class, filed in May, 1975, a discrimination action under Title VII, 42 U.S.C. § 2000e et seq., and § 1981, 42 U.S.C., against the defendant Employment Security Commission of North Carolina, and certain individual defendants.1 Early in the proceedings the individual defendants were, however, dismissed as parties, by consent.

The action seems to have proceeded haltingly with the plaintiffs seeking class certification only in 1979, about…