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JOHNSON v. GENERAL MOTORS CORP.

No. 77-2429.

598 F.2d 432 (1979)

Herman J. JOHNSON, Individually and on behalf of all persons similarly situated, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 9, 1979.

Attorney(s) appearing for the Case

Joseph Jones, Jr., Atlanta, Ga., Fletcher Farrington, Savannah, Ga., for plaintiff-appellant.

William A. Clineburg, Jr., R. Byron Attridge, L. Joseph Loveland, Jr., Atlanta, Ga., for defendant-appellee.

Before THORNBERRY, CLARK and FAY, Circuit Judges.

CHARLES CLARK, Circuit Judge:

The primary issue on this appeal is whether the doctrine of res judicata bars the maintenance of an employment discrimination suit brought by a plaintiff who was an absent member of a plaintiff class in a previous class action involving the same discrimination practices, when the prior action was conducted pursuant to subsection (b)(2) of Rule 23 of the Federal Rules of Civil Procedure and no notice was provided to absent class members...

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