8 Fair empl.prac.cas. 613, 8 Empl. Prac. Dec. P 9556 Albert Price, Ronald Watkins, on Behalf of Themselves and All Other Persons Similarly Situated v. Lucky Stores, Inc., Warehouse, Mail Order & Retail Employees, Local 853

501 F.2d 1177 8 Fair Empl.Prac.Cas. 613 , 8 Empl. Prac. Dec. P 9556 Albert PRICE, Ronald Watkins, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. LUCKY STORES, INC., Warehouse, Mail Order & Retail Employees, Local 853, Defendants-Appellees. No. 73-1289. United States Court of Appeals, Ninth Circuit. July 23, 1974. Henry S. Hewitt (argued), of Legal Aid Society of Alameda County, Oakland, Cal., for appellants. Andrew W. La Frenz (argued), of Donahue, Gallagher, Thomas & Woods, Oakland, Cal., for appellees. Before CHAMBERS and MERRILL, Circuit Judges, and PALMIERI, 1 District judge. PER CURIAM: 1 Plaintiffs brought this action under 42 U.S.C. 2000e et seq. and 28 U.S.C. 1343(4) against the defendants employer and labor association alleging a denial of rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. Upon motion of the defendant union, the district court ordered that the complaint be dismissed with leave to amend with the exception of allowing the amended complaint to state grounds for a class action. This appeal followed, with the plaintiffs asserting that the district court's order was appealable…