Tora C. Brennan v. Midwestern United Life Insurance Company, Appeal of Claude M. Herriman, Movants-Appellants
Court of Appeals for the Seventh Circuit
1Opinion of the Court
SWYGERT, Chief Judge.
The issue on this appeal is whether in a class action under Rule 23, Fed.R. Civ.P., those identifiable absent members of the representative plaintiff’s class who received notice of the pendency of the suit and neither elected to be excluded nor entered an appearance may be required to submit to discovery under Rules 33 and 34, Fed.R.Civ.P., on pain of dismissal of their claims with prejudice for failure to respond. This issue arises out of the denial of appellants’ (hereinafter designated “movants”) motion under Rule 60(b), Fed.R.Civ.P., which asserted that the dismissal…
2Cases cited12 opinions
- Hansberry v. LeeSupreme Court of the United States · 1940
- Ackermann v. United StatesSupreme Court of the United States · 1950
- Klapprott v. United StatesSupreme Court of the United States · 1949
- Philadelphia Electric Co. v. Anaconda American Brass Co.District Court, E.D. Pennsylvania · 1968
- Minnesota v. United States Steel Corp.District Court, D. Minnesota · 1968
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- Walter L. Compton, Jr. v. Alton Steamship Company, Inc.Court of Appeals for the Fourth Circuit · 1979
- Smalls, Eugene C. v. United StatesCourt of Appeals for the D.C. Circuit · 2006
- Cox v. American Cast Iron Pipe Co.Court of Appeals for the Eleventh Circuit · 1986
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