Legal Opinion
Hebert v. Monsanto Co.
Court of Appeals for the Fifth Circuit
Decided July 10, 1978No. 76-2836PublishedCited by 10 opinions
1Opinion of the Court
LEWIS R. MORGAN, Circuit Judge:
Appellant appeals the district court’s denial of class certification pursuant to FRCP Rule 23. As a basis for its opinion, the court below held that res judicata, or in the alternative, the failure of satisfaction of the statutory requirements preclude class certification. Because we hold that res judicata does not apply, and that the Rule 23 criteria for certification were satisfied, we reverse and remand.
Before proceeding to the procedural facts of the case, it is necessary to develop the background history of this class action and the Monsanto Company. In…
2Cases cited4 opinions
- Richard JOHNSON, Jr., Plaintiff-Appellant, v. GEORGIA HIGHWAY EXPRESS, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1969
- 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
- William J. BEVERLY, Plaintiff-Appellant, v. LONE STAR LEAD CONSTRUCTION CORPORATION, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1971
- Georgia Power Company v. Equal Employment Opportunity CommissionCourt of Appeals for the Fifth Circuit · 1969
3Cited by10 opinions
- Peners L. Griffin and Henry L. Dejerinett v. Richard L. Dugger, Etc.Court of Appeals for the Eleventh Circuit · 1987
- Cox v. American Cast Iron Pipe Co.Court of Appeals for the Eleventh Circuit · 1986
- 25 Fair empl.prac.cas. 120, 25 Empl. Prac. Dec. P 31,611 Barbara Phillips, Cornell Green Rice, Melvin Phillips, and Mississippi Council on Human Relations, a Corporation, Individually and on Behalf of All Others Similarly Situated, Plaintiffs v. The Joint Legislative Committee on Performance and Expenditure Review of the State of Mississippi, the Mississippi Council on Human Relations, a Corporation, Barbara Phillips, Melvin Phillips and Cornell Green Rice, Individually and on Behalf of All Others Similarly Situated, Plaintiffs v. The Board of Trustees of the Institution of Higher Education A/K/A the State College Board, Barbara Phillips, Melvin Phillips and Cornell Green Rice, Individually and on Behalf of a Class v. The State of Mississippi Agricultural and Industrial BoardCourt of Appeals for the Fifth Circuit · 1981
- Doss v. LongDistrict Court, N.D. Georgia · 1981
- Johnson v. Montgomery County Sheriff's DepartmentDistrict Court, M.D. Alabama · 1983
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