PENSON v. TERMINAL TRANSPORT CO.

No. 79-2483.

634 F.2d 989 (1981)

Eugene PENSON, Plaintiff-Appellant, v. TERMINAL TRANSPORT COMPANY, INC. and International Brotherhood of Teamsters, Local 728, Defendants, Terminal Transport Company, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

January 23, 1981.


Attorney(s) appearing for the Case

Philip S. Davi, Atlanta, Ga., for plaintiff-appellant.

Smith, Cohen, Ringel, Kohler & Martin, Kenneth L. Millwood, Atlanta, Ga., Fredrick C. McLam, Decatur, Ga., for defendant-appellee.

Robert W. Beynart, Atlanta, Ga., for Truck Drivers & Helpers Loc. Union 728.

Before GEWIN, RONEY and FRANK M. JOHNSON, Jr., Circuit Judges.


RONEY, Circuit Judge:

Plaintiff sued his former employer and his union alleging he was discharged because of his race. The district court granted the employer's motion for summary judgment on the ground the suit was barred by a prior consent decree entered in a class action against the employer. We reverse, holding the present action is not barred because the notice of the consent decree received by plaintiff did not inform him of his right to "opt out" of the class...

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