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SMARTT v. COCA-COLA BOTTLING CORPORATION

No. 15690.

337 F.2d 950 (1964)

J. Polk SMARTT and Isabel Smartt, Plaintiffs, v. COCA-COLA BOTTLING CORPORATION, Defendant-Appellee, M. S. Chambliss and C. L. Gibson, Intervening Plaintiffs-Appellants.

United States Court of Appeals Sixth Circuit.

October 28, 1964.

Attorney(s) appearing for the Case

Sizer Chambliss, Chattanooga, Tenn., John A. Chambliss, Chambliss, Chambliss & Hodge, Chattanooga, Tenn., on brief, for plaintiffs-appellants.

Robert T. Keeler, Cincinnati, Ohio, Taft, Stettinius & Hollister, Cincinnati, Ohio, David W. Matthews, Cincinnati, Ohio, on brief; John P. Gaither, John T. Henniss, Witt, Gaither, Abernathy, Caldwell & Wilson, Chattanooga, Tenn., of counsel, for defendant-appellee.

Before WEICK, Chief Judge, EDWARDS, Circuit Judge, and McCREE, District Judge.

PER CURIAM.

This appeal was brought by two intervening plaintiffs when the original plaintiffs in this class action declined to prosecute the appeal. The intervening plaintiffs appear to have identical interests with the original plaintiffs and questions of fact and law in common. Although no formal order granting intervening plaintiffs' motion to intervene was ever entered, plaintiffs appear to have been proper parties for such intervention (Fed.R.Civ.P. 24(a) (2...

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