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HYLER v. REYNOLDS METAL COMPANY

No. 29931 Summary Calendar.

434 F.2d 1064 (1970)

John A. HYLER, Plaintiffs-Appellants, v. REYNOLDS METAL COMPANY, a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 23, 1970.

Attorney(s) appearing for the Case

Orzell Billingsley, Jr., Birmingham, Ala., Nathaniel Jones, New York City, for plaintiffs-appellants.

Clarence F. Rhea, Gadsden, Ala., H. T. Heflin, Tuscumbia, Ala., Cooper, Mitch & Crawford, Jerome A. Cooper, Thomas, Taliaferro, Forman, Burr & Murray, J. R. Forman, Jr., S. H. Burr, Birmingham, Ala., for defendants-appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

Appellants complain of error by the district court in the dismissal of their action because of the failure of appellants' attorneys to appear at a pretrial hearing on February 17, 1970.

A perusal of the record indicates that the district court had previously denied a motion to dismiss on May 19, 1969, by requiring appellants to amend their complaint by "defining clearly and with particularity the class which they seek to represent in the action...

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