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ELMORE v. CONE MILLS CORP.

Nos. 92-1362, 92-1363, 92-1404 and 92-1482.

23 F.3d 855 (1994)

William J. ELMORE; Wayne Comer, individually and as representatives of a class of Plaintiffs similarly situated, Plaintiffs-Appellees, v. CONE MILLS CORPORATION; Cone Mills Acquisition Corporation; Dewey L. Trogdon; Lacy G. Baynes, Defendants-Appellants, and Paul W. Stephanz; Wachovia Bank and Trust Company, N.A., Defendants. Robert B. Reich, Secretary of Labor, Amicus Curiae (Three Cases). William J. ELMORE; Wayne Comer, Individually and as representatives of a class of Plaintiffs similarly situated, Plaintiffs-Appellants, v. CONE MILLS CORPORATION; Cone Mills Acquisition Corporation; Dewey L. Trogdon; Lacy G. Baynes, Defendants-Appellees, and Paul W. Stephanz; Wachovia Bank and Trust Company, N.A., Defendants. Robert B. Reich, Secretary of Labor, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 6, 1994.

Attorney(s) appearing for the Case

ARGUED: John Robbins Wester, Robinson, Bradshaw & Hinson, P.A., Charlotte, NC, for appellants. James R. Gilreath, Greenville, SC, for appellees. Stacey Eden Elias, Trial Atty., U.S. Dept. of Labor, Washington, DC, for amicus curiae. ON BRIEF: David C. Wright, III, Robinson, Bradshaw & Hinson, P.A., Charlotte, NC; Robert O. King, Kristofer K. Strasser, Ogletree, Deakins, Nash, Smoak & Stewart, Greenville, SC; Robert J. Lawing, Jane C. Jackson, Robinson, Maready, Lawing & Comerford, Winston-Salem, NC, for appellants. J. Kendell Few, Greenville, SC; John P. Freeman, Columbia, SC; for appellees. Thomas S. Williamson, Jr., Sol. of Labor, Marc I. Machiz, Associate Sol., Karen Handorf, Counsel for Special Litigation, U.S. Dept. of Labor, Washington, DC, for amicus curiae.

Before WIDENER, HALL, PHILLIPS, MURNAGHAN, WILKINS, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, Circuit Judges, and SPROUSE, Senior Circuit Judge, en banc.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WILLIAMS wrote the majority opinion, in which Judges WIDENER, K.K. HALL, PHILLIPS, MURNAGHAN, WILKINS, NIEMEYER, LUTTIG and MICHAEL, and Senior Judge SPROUSE concur. Judge MURNAGHAN wrote a separate concurring opinion, in which Judges K.K. HALL and MICHAEL and Senior Judge SPROUSE join. Judge WILKINS wrote a separate concurring opinion, in which Judges NIEMEYER and WILLIAMS join. Judge NIEMEYER wrote...

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