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JONES v. LEE WAY MOTOR FREIGHT, INC.

No. 464-69.

431 F.2d 245 (1970)

Marcus JONES, Willie B. Hodge, Clifton Nickels and Clarence L. Irving, Plaintiffs-Appellants, v. LEE WAY MOTOR FREIGHT, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 17, 1970.

Attorney(s) appearing for the Case

S. Norman Sorrell, of Mandell & Wright, Houston, Tex., for plaintiffs-appellants.

John B. Dudley, Oklahoma City, Okl. (Richard H. Champlin and Richard G. Taft, and McAfee, Dudley, Taft, Cates & Mark, Oklahoma City, Okl., of counsel, were with him on the brief) for defendant-appellee.

David Copus, Washington, D. C. (Stanley P. Herbert, Gen. Counsel, Russell Specter, Deputy Gen. Counsel, and Julia Cooper, Washington, D. C., were with him on the brief) for amicus curiae Equal Employment Opportunity Comm.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The plaintiffs-appellants, four Negro truck drivers employed by defendant-appellee Lee Way Motor Freight, Inc., allege in their complaint that the company's refusal to grant requested transfers was an unlawful employment practice in violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq. The case was heard on answers to interrogatories and stipulated testimony. The district court found that the company's no...

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