Legal Opinion

Brisco HUFF, on Behalf of Himself and Others Similarly Situated, Plaintiff-Appellant, v. N. D. CASS COMPANY OF ALABAMA, Defendant-Appellee

Court of Appeals for the Fifth Circuit

Decided September 4, 1973No. 71-2842PublishedCited by 239 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

The central issue in this class action is whether the trial court properly dismissed the action on the basis of a preliminary determination that the single plaintiff representing the class was not entitled to relief on the merits of his individual claim.

The plaintiff, Brisco Huff, was a black who claimed that his employer, N. D. Cass Company, laid him off and failed to recall him from racial motivations. Proceeding under Rule 23, Fed.R.Civ.P., 1 he charged also that the employer discriminated against black workers as a class by restricting them to low er paying, more…

2Cases cited19 opinions

  1. Moose Lodge No. 107 v. IrvisSupreme Court of the United States · 1972
  2. Richard JOHNSON, Jr., Plaintiff-Appellant, v. GEORGIA HIGHWAY EXPRESS, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1969
  3. Arthur Ray PARHAM, Appellant, v. SOUTHWESTERN BELL TELEPHONE CO., AppelleeCourt of Appeals for the Eighth Circuit · 1970
  4. Jake ROWE Et Al., Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1972
  5. Thomas L. Jenkins v. United Gas Corporation and Allan B. CaldwellCourt of Appeals for the Fifth Circuit · 1968

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3Cited by239 opinions

  1. Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996
  2. 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
  3. 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
  4. Vega v. T-MOBILE USA, INC.Court of Appeals for the Eleventh Circuit · 2009
  5. Fed. Sec. L. Rep. P 98,265 Fred Zeidman and Steven Youngelson v. J. Ray McDermott & Co., Inc.Court of Appeals for the Fifth Circuit · 1981

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