ZEIDMAN v. J. RAY McDERMOTT & CO., INC.

No. 78-2722.

651 F.2d 1030 (1981)

Fred ZEIDMAN and Steven Youngelson, Plaintiffs-Appellants, v. J. RAY McDERMOTT & CO., INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A.

July 27, 1981.


Attorney(s) appearing for the Case

Thomas F. Jordan, New Orleans, La., Lipper, Lowey and Dannenberg and Burton L. Knapp, Richard B. Dannenberg, New York City, Newman, Shook & Newman, Frank G. Newman, Dallas, Tex., for plaintiffs-appellants.

Milling, Benson, Woodward, Hillyer & Pierson, John C. Cristian, W. Richard House, Jr., New Orleans, La., White & Case, Paul J. Bschorr, Richard W. Reinthaler, Patricia Nicely, New York City, for defendants-appellees.

Before THORNBERRY, RANDALL and TATE, Circuit Judges.


RANDALL, Circuit Judge:

This appeal is brought by the two named plaintiffs in a suit filed as a class action but never certified as such. The court declined to certify the class because of the absence of sufficient evidence to meet the numerosity requirement of Federal Rule of Civil Procedure 23(a)(1). The plaintiffs submitted additional evidence on numerosity shortly after the court's refusal to certify the class, but on the same day as the plaintiffs submitted this...

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