CLARK v. COATS & CLARK, INC.

No. 88-8339.

865 F.2d 1237 (1989)

Bill CLARK, Herbert Futch, Austin Hurst, Louis Sliker and William Barrineau, Plaintiffs-Appellants, v. COATS & CLARK, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 16, 1989.


Attorney(s) appearing for the Case

Jeanne M.L. Player, Spriggs & Associates, Tallahassee, Fla., for plaintiffs-appellants.

Vella M. Fink, Asst. Gen. Counsel, Peggy R. Mastroianni, Atty., Washington, D.C., for amicus-curiae — E.E.O.C.

William K. Principe, Constangy, Brooks & Smith, Edward Katze, Atlanta, Ga., for defendant-appellee.

Before HILL and JOHNSON, Circuit Judges, and NICHOLS, Senior Circuit Judge.


NICHOLS, Senior Circuit Judge:

Appellants Bill Clark, Herbert Futch, Austin Hurst, Louis Sliker, and William Barrineau appeal from the judgment of the United States District Court for the Middle District of Georgia (Elliot, J.), granting in part appellee Coats & Clark, Inc.'s motion to dismiss. The Equal Employment Opportunity Commission (EEOC or Commission) has appeared and made a helpful argument as amicus. We affirm in part, reverse in part, and remand.

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