ANDREWS v. ROADWAY EXP. INC.

No. 05-51772.

473 F.3d 565 (2006)

Eddie L. ANDREWS; Arthur Morris Johnson; Herbert C. Perkins; James E. Phipps, Sr., Plaintiffs-Appellants, v. ROADWAY EXPRESS INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 19, 2006.


Attorney(s) appearing for the Case

Carnegie H. Mims, Jr., Mims & Associates, Houston, TX, for Plaintiffs-Appellants.

Drew B. Tipton, Baker & Hostetler, Jennifer Lynn Miscovich, Ogletree, Deakins, Nash, Smoak & Stewart, Houston, TX, for Roadway Express Inc.

Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

In 1985, Roadway Express ("Roadway") settled a class action discrimination lawsuit with its Black and Hispanic employees. The district court issued an Order approving the Consent Decree, and this Court affirmed. Four members of the class now bring suit in federal court to enforce the Order and to recover back-pay and interest under its terms. The magistrate judge determined that, under Texas law, appellants are time-barred from enforcing...

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