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EQUAL EMP. OPPORTUNITY COM'N v. WHITIN MACH. WORKS, INC.

No. 79-1429.

635 F.2d 1095 (1980)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellee, v. WHITIN MACHINE WORKS, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 7, 1980.

Attorney(s) appearing for the Case

Thomas H. Barnard, Cleveland, Ohio (Maria J. Codinach, Squire, Sanders & Dempsey, Cleveland, Ohio, Wayne Huckel, Kennedy, Covington, Lobdell & Hickman, Charlotte, N. C., on brief), for appellant.

Warren Bo Duplinsky, Equal Employment Opportunity Commission (Leroy D. Clark, Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, Beatrice Rosenberg, Asst. Gen. Counsel, Washington, D. C., on brief), for appellee.

Before WINTER, WIDENER and HALL, Circuit Judges.

PER CURIAM:

Judge Winter and Judge Hall concur in the finding of liability as stated in Part I of the majority opinion, while Judge Widener dissents from that part of the majority opinion for the reasons stated in his separate opinion. Judge Widener and Judge Hall concur in Part II of the majority opinion to remand the case to the district court for redetermination of the award for back pay. Judge Winter would affirm the award for the reasons expressed in his separate...

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