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GOLDBERG v. BAMA MANUFACTURING CORPORATION

No. 19168.

302 F.2d 152 (1962)

Arthur J. GOLDBERG, Secretary of Labor, United States Department of Labor, Appellant, v. BAMA MANUFACTURING CORPORATION and Lowell D. Cotney, Appellees.

United States Court of Appeals Fifth Circuit.

April 27, 1962.

Attorney(s) appearing for the Case

Jacob I. Karro, Morton Liftin, Attys., Dept. of Labor, Charles Donahue, Sol. of Labor, Isabelle Cappello, Atty., Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., for appellant.

Robert M. Collins, Martin, Vogtle, Balch & Bingham, Birmingham, Ala., for appellees.

Before HUTCHESON, WISDOM and BELL, Circuit Judges.

WISDOM, Circuit Judge.

This appeal turns on the extent of the trial judge's discretion, in the light of Mitchell v. Robert De Mario Jewelry, 1960, 361 U.S. 288, 80 S.Ct. 332, 4 L.Ed. 2d 323, to order or to withhold reinstatement and reimbursement of an employee discriminatorily discharged.

The Bama Manufacturing Corporation produces women's blouses at Daviston, Alabama. It employs about ninety persons in its business. August...

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