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UNITED STATES v. HAYES INTERNATIONAL CORPORATION

No. 71-1392.

456 F.2d 112 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. HAYES INTERNATIONAL CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 22, 1972.

Attorney(s) appearing for the Case

Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., Robert T. Moore, David W. Allen, David L. Rose, Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Drayton Nabers Jr., Joseph F. Johnston, Birmingham, Ala., John A. Fillion, Associate Gen. Counsel, Solidarity House, Detroit, Mich., Bernard G. Link, Baltimore, Md., for defendants-appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

In this employment discrimination case the district court found that a transfer plan instituted by Hayes in 1968 gave incumbent negro employees all the relief they were entitled to under Title VII of the Civil Rights Act of 1964, that no unlawful discrimination existed in the current hiring and recruiting practices, and refused to consider the question of back pay because the issue was not presented by the Attorney General at the trial. We remand...

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