16 Fair empl.prac.cas. 997, 15 Empl. Prac. Dec. P 7875 Ernest Herrera v. Yellow Freight System, Inc.

560 F.2d 1285, 16 Fair Empl. Prac. Cas. (BNA) 997

Opinion

PER CURIAM:

The Supreme Court of the United States, 1977, 431 U.S. 952, 97 S.Ct. 2669, 53 L.Ed.2d 268, vacated the judgment of this Court in Herrera v. Yellow Freight System, Inc., 5 Cir. 1974, 505 F.2d 66, and remanded the cause to this Court for further consideration in light of East Texas Motor Freight System, Inc. v. Rodriguez, 1977, 431 U.S. 395, 97 S.Ct. 1891, 52 L.Ed.2d 453.

We now hold that the District Court did not err in denying relief on the ground that none of the plaintiffs (city drivers) could satisfy the qualifications for a road driver because of age or weight or driving record. Accordingly, the judgment of the District Court is

AFFIRMED.