No. 04-1198.

394 F.3d 213 (2005)

Paul L. PHELPS; Jerry H. Gilstrap; Jerry W. Cuddy; Gerald W. Lyda; Nina Posey; Thomas R. Williams; Alvin A. Stiwinter; Troy J. Cottrell; Thomas L. Carlson; Robert W. Carter; Wayne F. McWhorter; Rodney K. Deanhardt, Sr.; Melvin M. Brock; Edward J. Cooley; Charles A. Furr; Francis C. Aiken; Elizabeth Audrey Loredo; Jimmy S. Staton; Norman Davis; Eugene M. Krenek; Richard N. Ryder, II; Katherine D. Lackey, Plaintiffs-Appellants, v. C.T. ENTERPRISES, INCORPORATED; Saco Lowell, Incorporated, Defendants-Appellees, and Cliff Theisen; Tom Pomian; Mike Templeton; Branch Banking And Trust Of South Carolina, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: January 12, 2005.

Attorney(s) appearing for the Case

ARGUED: John Robert Peace, Greenville, South Carolina, for Appellants. Vance Earle Drawdy, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Greenville, South Carolina, for Appellees. ON BRIEF: Brian D. Black, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Greenville, South Carolina, for Appellees.

Before WILKINSON and WILLIAMS, Circuit Judges, and Roger W. TITUS, United States District Judge for the District of Maryland, sitting by designation.

Vacated and remanded for further proceedings by published opinion. Judge TITUS wrote the opinion, in which Judge WILKINSON and Judge WILLIAMS joined.


TITUS, District Judge:

On November 5, 2002, Paul L. Phelps and twenty-one other individuals (the "Employees") filed a complaint in the United States District Court for the District of South Carolina, Greenville Division, against Cliff Theisen ("Theisen"), C.T. Enterprises, Inc. ("C.T."), Saco...

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