Wofford

MEMORANDUM OF OPINION

Pursuant to Rule 23(c)(1) of the Federal Rules of Civil Procedure, plaintiffs have moved for a determination that these consolidated employment discrimination suits may be maintained as a class action. At the same time, defendant Safeway Stores, Inc. (“Safeway”), has moved for summary judgment against plaintiff Steven Smith in Traylor v. Safeway, No. C-74-2575-CBR. Argument on the motions were heard July 21, 1977. For the reasons set forth below, both motions will be granted. With respect to plaintiffs’ motion, however, careful consideration of the requirements of Rule 23 of the Federal Rules of Civil Procedure as applied to the facts alleged and shown here has convinced the Court that the class must be more narrowly drawn than plaintiffs propose.

I. THE SUMMARY JUDGMENT MOTION

In October, 1973, Steven Smith applied for a job with Safeway as an industrial relations representative. His claim arises from his failure to obtain that job. It is undisputed that Safeway at that time had a single opening for an industrial relations representative; that Smith, a Black male, was interviewed for that job by three members of Safeway management, including one Black;…