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CLINE v. ROADWAY EXP., INC.

No. 81-1833.

689 F.2d 481 (1982)

Carlyle S. CLINE, Appellee, v. ROADWAY EXPRESS, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1982.

Attorney(s) appearing for the Case

Harry A. Rissetto, Washington, D. C. (Thomas E. Reinert, Jr., Morgan, Lewis & Bockius, William S. McLean, McLean, Stacy, Henry & McLean, Lumberton, N. C., on brief), for appellant.

I. Murchison Biggs, Lumberton, N. C. (I. Murchison Biggs, P. A., Lumberton, N. C., on brief), for appellee.

Before WINTER, Chief Judge, and PHILLIPS and SPROUSE, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

Roadway Express has appealed the district court's judgment, following bench trial, awarding reinstatement with back pay and interest to Carlyle Cline on the basis of factual findings that Roadway discharged Cline because of his age in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621, et seq. We affirm the judgment in all respects save the award of back pay; we remand that portion...

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