Williams v. Western Elec. Co.
| Decision Date | 09 June 1980 |
| Docket Number | No. 77-3324,77-3324 |
| Citation | 618 F.2d 1110 |
| Parties | 23 Fair Empl.Prac.Cas. 404, 23 Empl. Prac. Dec. P 31,014 Barbara L. WILLIAMS, Plaintiff-Appellant, v. WESTERN ELECTRIC COMPANY, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Jack D. Warner, Theodore R. Gibson, II, Miami, Fla., for plaintiff-appellant.
Joseph Z. Fleming, Miami, Fla., for defendant-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before JONES, BROWN and RUBIN, Circuit Judges.
The appellant, Barbara L. Williams, a black woman, had been an employee of the appellee, Western Electric Company, at its shop in Miami, Florida. She was discharged on May 31, 1974. On August 31, 1976, she brought an action in the United States District Court for the Southern District of Florida against Western Electric asserting that the discharge was racially motivated and wrongful. She sought reinstatement, back pay, damages and other relief. Western Electric moved to dismiss on the ground that the claim was barred by the Florida Statute of Limitations. The statute provided that "An action to recover wages or overtime or damages or penalties concerning payment of wages and overtime" shall be brought within two years. Fla.Stat. § 95.11(4)(c).
The disposition of this appeal is controlled by the decision of this Court in Cutliff v. Greyhound Lines, Inc., 5th Cir. 1977, 558 F.2d 803. 1 There it was held that the Florida Statute of Limitations relating to wages is applicable in actions such as this. That statute required actions to be brought within one year, the period of the statute then in force. See also Johnson v. Goodyear Tire and Rubber Co., 5th Cir. 1974, 491 F.2d 1364. It follows therefore that the judgment of the district court should be and it is AFFIRMED.
1 We are aware of the prior decisions in Page v. U. S. Industries, Inc., 5th Cir. 1977, 556 F.2d 346, and Ingram v. Steven Robert Corp., 5th Cir. 1977, 547 F.2d 1260. However we consider ourselves bound by the latest panel decision.
To continue reading
Request your trial
-
McWilliams v. Escambia County School Bd.
...v. Pingree, 498 F.Supp. 327, 335 (N.D.Fla.1980); Wong v. Calvin, 87 F.R.D. 145, 149 (N.D.Fla.1980); see Williams v. Western Electric Co., 618 F.2d 1110, 1111 (5th Cir. 1980) (holding § 95.11(4)(c) generally applicable to employment discrimination cases). Contra, Drayton v. City of St. Peter......
-
Colston v. Pingree
..."recovery of wages" statute is applicable generally to 1981 employment discrimination cases. Cutliff at 805; Williams v. Western Electric Company, 618 F.2d 1110 (5th Cir. 1980). Filing of a Title VII charge with the EEOC does not toll the limitations period applicable to a § 1981 claim. Joh......
-
McGhee v. Ogburn
...claim. Bonner v. City of Prichard, Alabama, 661 F.2d 1206, 1207 (11th Cir.1981) (en banc). See also Williams v. Western Electric Co., 618 F.2d 1110, 1111 (5th Cir.1980); Cutliff v. Greyhound Lines, Inc., 558 F.2d 803, 804-05 (5th Cir.1977) (applying Fla.Stat.Ann. Sec. 95.11(7)(b) (West 1960......
-
Arnold v. Duval County School Bd., 80-16-Civ-J-B.
...recovery of wages, even though the plaintiff requests more than just back pay. Id. at 658 F.2d at 330; Cf. Williams v. Western Electric Company, 618 F.2d 1110, 1111 (5th Cir. 1980) (holding § 95.11(4)(c) generally applicable to employment discrimination cases); Cutliff v. Greyhound Lines, I......