REYNOLDS v. McINNES

No. 98-6164.

338 F.3d 1201 (2003)

Johnny REYNOLDS, individually and on behalf of himself and representative of a class of black employees of the Highway Department, State of Alabama, similarly situated, Plaintiff-Appellee, Cecil Parker, et al., Intervenors-Plaintiffs, William Adams, Cheryl Caine, Tim Colquitt, William Flowers, Wilson Folmar, George Kyser, Becky Pollard, Ronnie Pouncey, Terry Robinson, Tim Williams, on behalf of themselves and all similarly situated persons (Non-Class Employees), Intervenors-Plaintiffs-Appellants, v. Joe McINNES, in his official capacity as Director of the Alabama Department of Transportation, Halycon Vance Ballard, individually, Tommy G. Flowers, as Director of Personnel Department, State of Alabama, Department of Transportation, State of Alabama, Department of Personnel, State of Alabama, Bob Riley, in his official capacity as Governor of the State of Alabama, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 22, 2003.


Attorney(s) appearing for the Case

J. Michael Cooper, Raymond P. Fitzpatrick, Jr., R. Scott Clark, Fitzpatrick, Cooper & Clark, Susan Salonimer Wagner, Lisa Wright Borden, Wesley C. Redmond, Berkowitz, Lefkovits, Isom & Kushner, C. Dennis Hughes, London & Yancey, LLC, Birmingham, AL, Michael E. Lackey, Jr., Mayer, Brown & Platt, Washington, DC, David R. Boyd, Balch & Bingham, Julian L. McPhillips, Jr., McPhillips, Shinbaum & Gill, Troy King, Montgomery, AL, for Appellants.

Robert L. Wiggins, Jr., Russell Wayne Adams, Ann K. Wiggins, Kell A. Simon, Robert F. Childs, Jr., Gordon, Silberman, Wiggins & Childs, P.A., Birmingham, AL, for Plaintiff-Appellee.

Before CARNES, HILL and FARRIS, Circuit Judges.


CARNES, Circuit Judge:

This appeal arises out of the ongoing Reynolds employment discrimination litigation between the defendants Alabama Department of Transportation (ALDOT) and the State Personnel Department (SPD), two plaintiff classes of black employees and prospective employees of ALDOT, and an intervening class of non-black employees. The litigation has been ongoing for eighteen years, and before today we have...

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