HORN v. ASSOCIATED WHOLESALE GROCERS, INC.

No. 76-1264.

555 F.2d 270 (1977)

Jethro HORN, Individually, and on behalf of all fellow employees of the Defendant who are similarly situated, Plaintiff-Appellant, v. ASSOCIATED WHOLESALE GROCERS, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 11, 1977.


Attorney(s) appearing for the Case

William H. Pickett of Pickett & Midkiff, Kansas City, Mo. (Sandra C. Midkiff of Pickett & Midkiff, Kansas City, Mo., on the brief), for plaintiff-appellant.

R. Pete Smith of McDowell, Rice, Baska & Smith, Kansas City, Kan. (Joseph H. McDowell of McDowell, Rice, Baska & Smith, Kansas City, Kan., on the brief), for defendant-appellee.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

The principal questions in this case are first, whether the trial court erred in delaying the certification or noncertification of a class action until the trial on the merits had been completed; second, whether the numerosity requirement of Rule 23 has or has not been satisfied since the class as of the time of filing numbered 41, although at the time of trial it was 46; and third, whether the court erred in denying class relief based...

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