Legal Opinion
Horn v. Associated Wholesale Grocers, Inc.
Court of Appeals for the Tenth Circuit
Decided May 11, 1977No. 76-1264PublishedCited by 63 opinions
1Opinion of the Court
WILLIAM E. DOYLE, Circuit Judge.
The principal questions in this case are first, whether the trial court erred in delaying the certification or noncertification of a class action until the trial on the merits had been completed; second, whether the nu-merosity requirement of Rule 23 has or has not been satisfied since the class as of the time of filing numbered 41, although at the time of trial it was 46; and third, whether the court erred in denying class relief based on the fact that the plaintiff’s individual case was held to have failed for lack of evidence.
Our holding is that the class…
2Cases cited27 opinions
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Sosna v. IowaSupreme Court of the United States · 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
- William Harris v. Palm Springs Alpine Estates, Inc.Court of Appeals for the Ninth Circuit · 1964
- Brisco HUFF, on Behalf of Himself and Others Similarly Situated, Plaintiff-Appellant, v. N. D. CASS COMPANY OF ALABAMA, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1973
22 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Charles L. JORDAN, Plaintiff-Appellant, v. COUNTY OF LOS ANGELES, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1982
- Gentry v. Superior CourtCalifornia Supreme Court · 2007
- Robert L. Roper v. Consurve, Inc., D/B/A Bankamericard Center, and Deposit Guaranty National Bank, Jackson, MississippiCourt of Appeals for the Fifth Circuit · 1978
- Weiss v. York HospitalCourt of Appeals for the Third Circuit · 1984
- Gurule v. WilsonCourt of Appeals for the Tenth Circuit · 1980
58 more not listed; retrieve them via the Exa API.