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BING v. ROADWAY EXPRESS, INC.

No. 30414.

444 F.2d 687 (1971)

William E. BING et al., Plaintiffs-Appellants, v. ROADWAY EXPRESS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 29, 1971.

Attorney(s) appearing for the Case

W. M. Mathews, Jr., Atlanta, Ga., for plaintiffs-appellants.

Charles Kelso, Fisher & Phillips, Atlanta, Ga., for defendant-appellee.

Before THORNBERRY and GODBOLD, Circuit Judges, and BOOTLE, District Judge.

THORNBERRY, Circuit Judge:

William E. Bing, on behalf of himself and other Negroes similarly situated, instituted this action against Roadway Express, Incorporated, alleging that Roadway violated Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e et seq., by maintaining a "no-transfer" rule that restricts and penalizes job transfers between the jobs of "city driver" and "road driver." After a non-jury trial the district court entered a judgment in...

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