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ARDREY v. UNITED PARCEL SERVICE

No. 85-2239.

798 F.2d 679 (1986)

Marcus ARDREY, James Cherry, Bessie Easterling Brown, Louis Funderburk, Horace Jenkins, Joyce Massey, Jerome Morrow, Sr., Eugene Neal, Matthew Smith, Jr., Henry Tyson, Sr., Cheryl Pettigrew, Carl Watts, individually and on behalf of all others similarly situated, Appellants, v. UNITED PARCEL SERVICE, a corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 18, 1986.

Rehearing and Rehearing Denied November 4, 1986.

Attorney(s) appearing for the Case

Michael A. Sheely, Charlotte, (Russell, Sheely & Hollingsworth on brief), for appellants.

William W. Sturges (Weinstein, Sturges, Odom, Groves, Bigger, Jonas & Campbell, P.A., Charlotte, N.C., on brief), for appellee.

Before MURNAGHAN and WILKINSON, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied November 4, 1986.

MURNAGHAN, Circuit Judge:

I

Numerous plaintiffs employed by the West Carolina district of United Parcel Service ("UPS"), which encompasses the western part of North Carolina and all of South Carolina and is centered in Charlotte, North Carolina, by complaint dated May 20, 1982 moved for class certification, filed individual discrimination claims pursuant to 29 U.S.C. § 621, Age Discrimination...

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