Legal Opinion

Johnny B. McGOWAN, Et Al., Plaintiffs-Appellants, v. FAULKNER CONCRETE PIPE COMPANY, Defendant-Appellee

Court of Appeals for the Fifth Circuit

Decided October 15, 1981No. 81-4001PublishedCited by 130 opinions

1Opinion of the Court

TATE, Circuit Judge:

The plaintiffs appeal the dismissal of their suit for failure to follow orders of the court and want of prosecution, Fed.R.Civ.P. 41(b), and also complain of the denial of class certification. They sue their former employer (“Faulkner”) on their own behalf and on behalf of past, present, and future black employees, alleging racially discriminatory employment practices. The relief sought is based both on section 1 of the Civil Rights Act of 1866, 42 U.S.C. § 1981 (the “section 1981” claim) and also on Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e et seq.…

2Cases cited28 opinions

  1. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  2. East Texas Motor Freight System, Inc. v. RodriguezSupreme Court of the United States · 1977
  3. Deposit Guaranty National Bank v. RoperSupreme Court of the United States · 1980
  4. Lopez v. Aransas County Independent School DistrictCourt of Appeals for the Fifth Circuit · 1978
  5. Albert Flaksa v. Little River Marine Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1968

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3Cited by130 opinions

  1. Gemeral Earnest Berry, Jr. v. Cigna/rsi-CignaCourt of Appeals for the Fifth Circuit · 1992
  2. Sam ROGERS, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982
  3. Valley Drug Co. v. Geneva Pharmaceuticals, Inc.Court of Appeals for the Eleventh Circuit · 2003
  4. Bennie M. Callip v. Harris County Child Welfare Department, George FordCourt of Appeals for the Fifth Circuit · 1985
  5. Campbell v. WilkinsonCourt of Appeals for the Fifth Circuit · 2021

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