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TUCKER v. UNITED PARCEL SERVICE

No. 80-7447.

657 F.2d 724 (1981)

David TUCKER and William Earl Johnson, Plaintiffs-Appellants, v. UNITED PARCEL SERVICE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

September 28, 1981.

Attorney(s) appearing for the Case

Robert L. Wiggins, Jr., Birmingham, Ala., for plaintiffs-appellants.

Bradley, Arant, Rose & White, James P. Alexander, Robert K. Spotswood, Birmingham, Ala., for defendants-appellees.

Before GODBOLD, Chief Judge, and TJOFLAT and THOMAS A. CLARK, Circuit Judges.

GODBOLD, Chief Judge:

In this Title VII suit the district court, after a hearing focusing on the timeliness of the plaintiffs' EEOC charges, held the plaintiffs' charges untimely filed.1 Earlier, after hearing, the court had declined to certify as a class the group of employees whom the plaintiffs sought to represent. We affirm the ruling on the class action and reverse on the timeliness issue.

United Parcel Service's Birmingham...

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