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JOHNSON v. FLOWERS INDUSTRIES, INC.

No. 86-1602.

814 F.2d 978 (1987)

Loyd W. JOHNSON; Clyde E. Bayne; Robert J. Earls, Sr.; Andrew J. Lunsford; Kermit B. Newcomb; James L. Smith; Jean M. Brogan, Plaintiffs-Appellants, v. FLOWERS INDUSTRIES, INC.; Flowers Baking Company of Lynchburg, Inc.; West Virginia Baking Company, Defendants-Appellees, and Flowers Baking Company of Morristown, Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided April 2, 1987.

Attorney(s) appearing for the Case

Donald Wise Huffman (Bird, Kinder & Huffman; David B. Hart; M. Lanier Woodrum; Woodrum, Fox, Wooten & Hart, Roanoke, Va., on brief), for plaintiffs-appellants.

John Karl Anderson (Charles E. Feuss; Arnold & Anderson, Atlanta, Ga.; R. David Barbe; Gardner, Moss & Rocovich; Roanoke, Va., G. Anthony Campbell, Columbia, S.C.; Flowers Industries, Inc.; Michael S. Thwaites; Smith, Currie & Hancock, Atlanta, Ga., on brief), for defendants-appellees.

Before WILKINSON, Circuit Judge, HAYNSWORTH, Senior Circuit Judges, and SENTELLE, United States District Judge for the Western District of North Carolina, sitting by designation.

WILKINSON, Circuit Judge:

Appellants brought this age discrimination suit against Flowers Industries and two Flowers subsidiaries, West Virginia Baking Company (WVB) and Flowers Baking Company of Lynchburg (Lynchburg). Appellants, who worked for WVB, allege that Flowers Industries, the parent company, replaced them with younger Lynchburg employees in violation of the Age Discrimination in Employment Act. Because appellants failed to demonstrate that Flowers Industries...

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