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HUFF v. N. D. CASS COMPANY OF ALABAMA

No. 71-2842.

485 F.2d 710 (1973)

Brisco HUFF, on behalf of himself and others similarly situated, Plaintiff-Appellant, v. N. D. CASS COMPANY OF ALABAMA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 4, 1973.

Attorney(s) appearing for the Case

U. W. Clemon, Birmingham, Ala., Nathaniel Jones, NAACP, William D. Wells, New York City, for plaintiff-appellant.

Charles L. Reischel, EEOC, Washington, D.C., Morris J. Baller, New York City (NAACP Legal Defense and Educational Fund), Julia P. Cooper, EEOC, Washington, D.C., Jack Greenberg, New York City, amicus curiae.

Perry Hubbard, Tuscaloosa, Ala., O. S. Burke, Jr., Marion, Ala., for defendant-appellee.

C. V. Stelzenmuller (Thiokol Chem. Corp.), Birmingham, Ala., Milton A. Smith, Gen. Counsel, Washington, D.C. (The Chamber of Commerce of the U.S. A.), Lawrence M. Cohen, Chicago, Ill., amicus curiae.

Before JOHN R. BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, INGRAHAM and RONEY, Circuit Judges.

GODBOLD, Circuit Judge:

The central issue in this class action is whether the trial court properly dismissed the action on the basis of a preliminary determination that the single plaintiff representing the class was not entitled to relief on the merits of his individual claim.

The plaintiff, Brisco Huff, was a black who claimed that his employer, N. D. Cass Company, laid him off and failed to recall him from racial motivations. Proceeding under Rule 23, Fed...

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