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JONES v. CONSOLIDATED FREIGHTWAYS CORP.

No. 83-2126.

776 F.2d 1458 (1985)

David D. JONES, Plaintiff-Appellant, v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, a Delaware corporation; Teamsters, Chauffeurs, Warehousemen and Helpers Local No. 17; and Western Conference of Teamsters, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 12, 1985.

Attorney(s) appearing for the Case

Barry D. Roseman, Denver, Colo., for plaintiff-appellant.

Walter V. Siebert of Sherman & Howard, Denver, Colo., for defendant-appellee Consolidated Freightways Corp., and John A. Criswell of Criswell, Patterson & Myles, Englewood, Colo., for defendant-appellee Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 17.

Before HOLLOWAY, Chief Judge, SEYMOUR, Circuit Judge, and BOHANON, District Judge.

SEYMOUR, Circuit Judge.

The question in this case is whether the decision in DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983), should be applied retroactively.1 We hold that it should not under the circumstances of this case.

I.

David D. Jones was employed as a warehouseman by Consolidated Freightways Corporation in Denver...

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