John E. FERGUSON, Plaintiff-Appellant, v. the FLYING TIGER LINE, INC., Defendant-Appellee

REINHARDT, Circuit Judge:

Plaintiff appeals from the judgment and order of the district court, 491 F.Supp. 1348, granting defendant’s motion for summary judgment. We reverse.

Plaintiff is a black male who unsuccessfully sought employment as a flight engineer with defendant, Flying Tiger Line, Inc. Plaintiff filed a charge with the Equal Employment Opportunity Commission (EEOC) in June 1974, alleging that he was denied employment due to his race. In settlement of this charge, a Pre-Determination Settlement Agreement [Agreement] was entered into by plaintiff and defendant. The Agreement was…