Legal Opinion
Pedro Gonzales v. Clifton W. Cassidy, Jr., John Richard Hayes, Iii, Plaintiffs-Intervenors-Appellants
Court of Appeals for the Fifth Circuit
Decided February 15, 1973No. 71-3344PublishedCited by 258 opinions
1Opinion of the Court
INGRAHAM, Circuit Judge:
The question in this appeal is whether plaintiff-appellant Gonzales and the class he seeks to represent are bound by the res judicata effect of a prior class suit 1 involving the same class (represented by a different named plaintiff), the same defendants and the same issues. We agree with Gonzales that the class was inadequately represented when the class representative in the prior suit failed to appeal from the trial court’s judgment. We reverse and remand.
The prior suit began in May 1969. Antonio Gaytan filed suit as a class action against Clifton Cassidy, Chairman…
2Cases cited15 opinions
- Bell v. BursonSupreme Court of the United States · 1971
- Hansberry v. LeeSupreme Court of the United States · 1940
- Robinson v. NeilSupreme Court of the United States · 1973
- Dolgow v. AndersonDistrict Court, E.D. New York · 1968
- Sam Fox Publishing Co. v. United StatesSupreme Court of the United States · 1961
10 more not listed; retrieve them via the Exa API.
3Cited by258 opinions
- 9 Fair empl.prac.cas. 211, 9 Empl. Prac. Dec. P 9931 Sandra Wetzel and Mari Ross, on Behalf of Themselves and All Others Similarly Situated, Equal Opportunity Commission as Amicus Curiae v. Liberty Mutual Insurance Company, a CorporationCourt of Appeals for the Third Circuit · 1975
- 12 Fair empl.prac.cas. 451, 11 Empl. Prac. Dec. P 10,741 John Senter, Cross-Appellee v. General Motors Corporation, Cross-AppellantCourt of Appeals for the Sixth Circuit · 1976
- Oxendine v. WilliamsCourt of Appeals for the Fourth Circuit · 1975
- Rush PETTWAY Et Al., Plaintiffs-Appellants, v. AMERICAN CAST IRON PIPE COMPANY, a Corporation, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1978
- In Re General Motors Corporation Engine Interchange LitigationCourt of Appeals for the Seventh Circuit · 1979
253 more not listed; retrieve them via the Exa API.