1. Home
  2. Browse Decisions
  3. F.2d
  4. 450 F.2d
  5. 450 F.2d 999 (1971)
 

BRENNAN v. MIDWESTERN UNITED LIFE INSURANCE CO.

No. 18682.

450 F.2d 999 (1971)

Tora C. BRENNAN, Plaintiff, v. MIDWESTERN UNITED LIFE INSURANCE COMPANY, Defendant-Appellee. Appeal of Claude M. HERRIMAN et al., Movants-Appellants.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied September 23, 1971.

Attorney(s) appearing for the Case

Douglass R. Shortridge, Indianapolis, Ind., for movants-appellants and all those similarly situated, McHale, Cook & Welch, Indianapolis, Ind., of counsel.

David B. Keller, Fort Wayne, Ind., G. R. Redding, John L. Woolling, Indianapolis, Ind., Albert E. Jenner, Jr., John C. Tucker, Chicago, Ill., and Fred E. Schlegel, Indianapolis, Ind., for defendant-appellee.

Before SWYGERT, Chief Judge, and CUMMINGS and STEVENS, Circuit Judges.

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases