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HEBERT v. MONSANTO CO., TEXAS CITY, TEX.

No. 76-2836.

576 F.2d 77 (1978)

Samuel E. HEBERT, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. MONSANTO COMPANY, TEXAS CITY, TEXAS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Opinion Vacated September 18, 1978.

Attorney(s) appearing for the Case

Henry M. Rosenblum, Robert B. O'Keefe, Houston, Tex., for plaintiffs-appellants.

Wm. N. Wheat, Houston, Tex., for Texas Metal Trades.

Tom M. Davis, Houston, Tex., for Monsanto Co.

Before MORGAN and GEE, Circuit Judges, and KING, District Judge.

Opinion Vacated September 18, 1978. See 580 F.2d 178.

LEWIS R. MORGAN, Circuit Judge:

Appellant appeals the district court's denial of class certification pursuant to FRCP Rule 23. As a basis for its opinion, the court below held that res judicata, or in the alternative, the failure of satisfaction of the statutory requirements preclude class certification. Because we hold that...

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