Gay

SCHWARZER, District Judge.

This is an action for alleged discrimination by defendants in hiring, promoting and transferring black males into waiter positions. Plaintiffs sue on behalf of themselves and a class consisting of black males who were denied employment as waiters. The only defendants remaining in the case are The St. Francis Hotel Corporation ("St. Francis") and Hilton Hotels Corporation ("Hilton"). Plaintiffs' principal claim is based on 42 U.S.C. § 1981 [1] , but they also charge that defendants conspired with the labor union representing waiters in violation of 42 U.S.C. § 1985 (3) and breached the collective bargaining agreement in violation of 29 U.S.C. § 185 .

This case has had a long and tortuous history; only so much as is relevant to this disposition is summarized here. The original complaint was filed on March 28, 1973. Of the original defendants only the St. Francis remains. On June 27, 1973, its motion to dismiss the Section 1981 claim was denied. On March 19, 1975, plaintiffs' motion for class certification was denied. On March 11, 1977, the Court of Appeals reversed the class order and remanded the case which meanwhile had been reassigned to another…