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WALTERS v. ROADWAY EXP., INC.

No. 75-2748.

557 F.2d 521 (1977)

Russell WALTERS et al., Individually and as representatives of the class composed of relay drivers of Roadway Express, Inc., Plaintiffs-Appellants-Cross Appellees, v. ROADWAY EXPRESS, INC., et al., Defendants-Appellees-Cross Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 21, 1977.

Attorney(s) appearing for the Case

Dixon L. Pyles, Jackson, Miss., for plaintiffs-appellants-cross appellees.

David H. Nutt, Chas. R. Davis, Jackson, Miss., for defendants-appellees-cross appellants.

Fountain D. Dawson, Greenville, Miss., for Local 891, Teamsters, Inc., et al.

Simrall, Aultman & Pope, Hattiesburg, Miss., Edward C. Kaminski, Akron, Ohio, for Roadway Exp. Inc.

Moran M. Pope, Jr., Bruce C. Aultman, Hattiesburg, Miss., G. William Baab, Dallas, Tex., for Int. Brotherhood of Teamsters.

Before MORGAN and FAY, Circuit Judges, and HUNTER, District Judge.

Rehearing and Rehearing En Banc Denied October 21, 1977.

LEWIS R. MORGAN, Circuit Judge:

Russell Walters, Alton Cavenaugh, J. L. Henson and E. L. Lanterman, individually and as representatives of a class composed of over-the-road-relay drivers, brought the present action against Roadway Express, the International Brotherhood of Teamsters, and Local 891 of that union. The instant dispute involves the following sequence of events. On January 3, 1970, the Interstate...

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