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Bing v. Roadway Express, Inc.

United States Court of Appeals for the Fifth Circuit
485 F.2d 441 (1973)

Written by Mary Phelan D'Isa, JD

Facts

Bing (plaintiff), on behalf of all others similarly situated individuals, filed a race-discrimination lawsuit against Roadway Express, Inc. (Roadway) (defendant). Bing’s complaint alleged harm to a class and requested class-wide relief. Roadway was found liable and appealed. The decision was affirmed on appeal, and the case was remanded for remedial proceedings. On remand, class-wide relief was granted, and Roadway again appealed. There was no record of any motion for class-action certification, nor was there any explicit district-court decision to certify the lawsuit as a class action.

Rule of Law

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Issue

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Holding and Reasoning (Thornberry, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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