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BING v. ROADWAY EXPRESS, INC.

No. 72-2565.

485 F.2d 441 (1973)

William E. BING, for himself and all other persons similarly situated, Plaintiff-Appellant, v. ROADWAY EXPRESS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 15, 1973.

Attorney(s) appearing for the Case

W. M. Mathews, Jr., Atlanta, Ga., for plaintiff-appellant.

Charles Kelso, Atlanta, Ga., for Roadway Express, Inc.

L. N. D. Wells, Jr., and Robert L. Mitchell, Atlanta, Ga., for Local 728 of the Int'l. Brotherhood of Teamsters.

L. N. D. Wells, Jr., Dallas, Tex., for defendants-appellees.

Dennis F. Gordon, Atty., U. S. Dept. of Justice, Washington, D. C., John W. Stokes, Jr., U. S. Atty., Atlanta, Ga., Joel L. Selig, Squire Padgett, David L. Rose, U. S. Dept. of Justice, Washington, D. C., amicus curiae.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.

THORNBERRY, Circuit Judge:

In this Title VII action we are presented with the problem of how to provide a remedy for employees who suffered the ill effects of discrimination that resulted from Roadway's "no-transfer" rule.1 The trial court gave relief by enjoining future discrimination, ordering the issuance of a notice that required all discriminatees to come forward and present their claims...

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