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GONZALES v. CASSIDY

No. 71-3344.

474 F.2d 67 (1973)

Pedro GONZALES et al., Plaintiffs-Appellants, v. Clifton W. CASSIDY, Jr., et al., Defendants-Appellees, John Richard Hayes, III, et al., Plaintiffs-Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

February 15, 1973.

Attorney(s) appearing for the Case

William L. Garrett, Edward W. Dunbar, Andrew Monson, Dallas, Tex., for plaintiffs-appellants.

Crawford C. Martin, Atty. Gen., Jay Floyd, Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

Before DYER, Circuit Judge, SKELTON, Judge, and INGRAHAM, Circuit Judge.

INGRAHAM, Circuit Judge:

The question in this appeal is whether plaintiff-appellant Gonzales and the class he seeks to represent are bound by the res judicata effect of a prior class suit1 involving the same class (represented by a different named plaintiff), the same defendants and the same issues. We agree with Gonzales that the class was inadequately represented when the class representative in the prior suit failed to appeal from the...

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