No. 77-1125.

582 F.2d 1298 (1978)

Ruthie M. SHELTON, Individually and on behalf of all others similarly situated, and James F. Williams, Intervenor, Appellees, v. PARGO, INC., a corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 18, 1978.

Attorney(s) appearing for the Case

Michael A. Almond, Charlotte, N. C. (John R. Wester, Fleming, Robinson & Bradshaw, Charlotte, N. C., on brief), for appellant.

Michael A. Sheely (Shelley, Blum, Blum & Sheely, Charlotte, N. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and RUSSELL, Circuit Judge.

DONALD RUSSELL, Circuit Judge:

This appeal presents for decision the procedure to be followed by a district court in passing upon a voluntary motion to dismiss an action, filed both as an individual and as a class action, when the individual action has been settled without court approval in advance of any certification of the action as a class action under Rule 23(c)(1), Fed.R.Civ.P.1

The question arises in a suit filed the last...


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