SCHMIDT v. FULLER BRUSH CO.

Nos. 75-1641, 75-1643.

527 F.2d 532 (1975)

Dennis SCHMIDT et al., Appellees, v. FULLER BRUSH COMPANY and/or Consolidated Foods, Appellant. CONSOLIDATED FOODS CORPORATION, Petitioner, v. The Honorable Miles W. LORD, United States District Judge, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided December 22, 1975.


Attorney(s) appearing for the Case

Appearances in No. 75-1643 were filed by Curtis D. Forslund, Minneapolis, Minn., and Richard M. Lyon and Ralph A. Morris, Chicago, Ill. Petition in this Court (writ of mandamus) was filed by Curtis D. Forslund, Michael R. Cunningham and John P. James, Minneapolis, Minn., and Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill.

Answer to petition for writ of mandamus was filed by Clint Grose and Jeffrey L. Flynn, Minneapolis, Minn. They did not file appearances in this case.

Curtis D. Forslund, Gray, Plant, Mooty & Anderson, Minneapolis, Minn., for Consolidated Foods (Fuller Brush Co.).

Clint Grose, Minneapolis, Minn., for Schmidt and others.

Before HEANEY, BRIGHT and WEBSTER, Circuit Judges.


PER CURIAM.

In this proceeding, Consolidated Foods Corporation (Consolidated) questions orders of the district court (Judge Miles W. Lord) permitting certain former employees of the Fuller Brush Company, a division of Consolidated, to bring a class action under Fed.R.Civ.P. 23 on behalf of other employees similarly situated seeking compensation allegedly due under provisions of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. Consolidated seeks review...

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