Legal Opinion

Moses Davis, Jr., for Themselves Individually and as Members and Representatives of a Class of Other Persons Similarly Situated v. James Howard

Court of Appeals for the Fifth Circuit

Decided October 17, 1977No. 75-3799PublishedCited by 60 opinions

1Per curiam

The question presented by appellants before the trial court was whether arbitration is a factual issue going beyond Article XX of the AFL-CIO Constitution. That provision supplies settlement procedures for internal disputes among AFL-CIO affiliates. 1 Our question on appeal is, however, whether the trial court properly employed Rule 12(b)(6), F.R.C.P., in disposing of that issue.

The appeal arises from an alleged class action filed on behalf of a group of employees who were, at the time of filing, employed by the City of Atlanta, Georgia (City) and also associated with the Laborers’…

2Cases cited16 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. Bon Air Hotel, Inc. v. Time, Inc. And Dan JenkinsCourt of Appeals for the Fifth Circuit · 1970
  3. Martin Edgar Tuley v. Louis Heyd, Jr., Criminal Sheriff, Orleans ParishCourt of Appeals for the Fifth Circuit · 1973
  4. Georgia Southern and Florida Railway Company v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1967
  5. Auto Drive-Away Company of Hialeah, Inc., Gertrude McKiernan and B. J. McKiernan v. Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1966

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3Cited by60 opinions

  1. Richard L. Thoen v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  2. Quintana v. Santa Fe County Board of Comm.Court of Appeals for the Tenth Circuit · 2020
  3. Van Howell v. Joe D. Tanner, Individually and as Commissioner of Department of Natural ResourcesCourt of Appeals for the Fifth Circuit · 1981
  4. Albert Jones, Plaintiff-Counter-Defendant-Appellant v. The Automobile Insurance Company of Hartford, Connecticut, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
  5. Paramo v. EdwardsIndiana Supreme Court · 1990

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