McCLAIN v. LUFKIN INDUSTRIES, INC.

No. 05-41417.

519 F.3d 264 (2008)

Sylvester McCLAIN, on his own behalf and on behalf of a class of similarly situated persons; Buford Thomas, on his own behalf and on behalf of a class of similarly situated persons; Patrick Ross, on his own behalf and on behalf of a class of similarly situated persons; Mary Thomas, on her own behalf and on behalf of a class of similarly situated persons; Eddie K. Mask, on his own behalf and on behalf of a class of similarly situated persons; Leroy Garner, on his own behalf and on behalf of a class of similarly situated persons; Sherry Calloway Swint, on her own behalf and on behalf of a class of similarly situated persons; Walter Butler, on his own behalf and on behalf of a class of similarly situated persons; also known as A; Florine Thompson, on her own behalf and on behalf of a class of similarly situated persons; Clarence Owens, on his own behalf and on behalf of a class of similarly situated persons; also known as C; Clifford R. Duirden, on his own behalf and on behalf of a class of similarly situated persons; Earl Potts, on his own behalf and on behalf of a class of similarly situated persons; Roald Mark, on his own behalf and on behalf of a class of similarly situated persons, Plaintiffs-Appellants-Cross Appellees, v. LUFKIN INDUSTRIES, INC., Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

February 29, 2008.


Attorney(s) appearing for the Case

Teresa F. Demchak, Morris J. Baller (argued), Goldstein, Demchak, Baller, Borgen & Dardarian, Oakland, CA, Timothy Borne Garrigan, Stuckey, Garrigan & Castetter, Nacogdoches, TX, for Plaintiffs-Appellants-Cross-Appellees.

Douglas E. Hamel (argued), Christopher Velle Bacon, Vinson & Elkins, Houston, TX, for Lufkin Industries, Inc.

Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit Judges.


EDITH H. JONES, Chief Judge:

In this complex Title VII class action against Lufkin Industries, Inc. ("Lufkin"), African-American plaintiffs allege that Lufkin's practice of delegating subjective decision-making authority to its managers with respect to initial assignments and promotions disparately affected them. After a bench trial, the district court issued a judgment in favor of the employees. After sifting through numerous issues, we reach results that are unfortunately...

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