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REYNOLDS v. McINNES

No. 02-14228.

338 F.3d 1221 (2003)

Johnny REYNOLDS, individually and on behalf of himself and as representative of a class of black employees of the Highway Department, State of Alabama, similarly situated, Plaintiffs-Appellants, Cecil Parker, Ouida Maxwell, Martha Ann Boleware, Peggy Vonsherie Allen, Jeffery W. Brown, Intervenor-Plaintiffs-Appellants, Robert Johnson, et al., Intervenor-Plaintiffs, v. Joe McINNES, in his official capacity as Director for the Alabama Department of Transportation, Department of Transportation, State of Alabama, Department of Personnel, State of Alabama, Ray Bass, Marvin Wagonner, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 22, 2003.

Attorney(s) appearing for the Case

Kell A. Simon, H. Wallace Blizzard, III, Russell Wayne Adams, Robert L. Wiggins, Jr., Gordon, Silberman, Wiggins & Childs, P.A., Birmingham, AL, for Appellants.

Susan Salonimer Wagner, Wesley C. Redmond, Lisa Wright Borden, Berkowitz, Lefkovits, Isom & Kushner, Raymond P. Fitzpatrick, Jr., J. Michael Cooper, Gary L. Brown, R. Scott Clark, Fitzpatrick, Cooper & Clark, LLP, Cinda Ruth York, Campbell, Waller & Loper, LLC, Birmingham, AL, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, CARNES, Circuit Judge, and CARNES, District Judge.

CARNES, Circuit Judge:

This is the latest appeal growing out of the nearly two-decades old, racial discrimination in employment lawsuit involving the Alabama Department of Transportation (ALDOT) and the State Personnel Department (SPD). Those two state agencies were sued in 1985 by what became two plaintiff classes of black employees and prospective employees. A partial settlement was reached and a consent decree was entered in 1994, but instead of ending the case...

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