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DICKERSON v. UNITED STATES STEEL CORP.

Nos. 77-2419, 77-2420.

582 F.2d 827 (1978)

Moses DICKERSON, Millard Starling, and Eddie Williams, on their own behalf and on behalf of others similarly situated v. UNITED STATES STEEL CORPORATION, Appellant in No. 77-2419, and International, United Steelworkers of America (AFL-CIO), and Local 4889, United Steelworkers of America (AFL-CIO), and Local 5092, United Steelworkers of America (AFL-CIO), and Local 5030, United Steelworkers of America (AFL-CIO), and Local 5116, United Steelworkers of America (AFL-CIO), and Local 7246, United Steelworkers of America (AFL-CIO). Appeal of UNITED STEELWORKERS OF AMERICA et al., in No. 77-2420.

United States Court of Appeals, Third Circuit.

Decided September 1, 1978.

Attorney(s) appearing for the Case

Henry T. Reath, Carl N. Martin, II, Thomas P. Preston, Duane, Morris & Heckscher, Philadelphia, Pa., S. G. Clark, Jr., Gen. Atty. — Labor, U. S. Steel Corp., Pittsburgh, Pa., for appellant, U. S. Steel Corp.

Robert M. Weinberg, Michael H. Gottesman, Julia Penny Clark, David M. Silberman, Bredhoff, Gottesman, Cohen & Weinberg, Washington, D. C., Bernard Kleiman, Chicago, Ill., Carl B. Frankel, Pittsburgh, Pa., for appellants, United Steelworkers of America (AFL-CIO).

Harriet N. Katz, Michael Churchill, Prather G. Randle, Alice W. Ballard, Samuel, Ballard & Hyman, Philadelphia, Pa., for appellees.

Before ROSENN and HUNTER, Circuit Judges, and KUNZIG, Court of Claims Judge.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This is an interlocutory appeal which presents us with the novel question of whether a class action provides an appropriate forum for adjudicating the individual claims of class members who are not named plaintiffs but who testified in support of a class claim held to be without merit. The genesis of this appeal lies in a broad-based class action race discrimination suit brought by two former employees of United...

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