HICKS v. QUAKER OATS CO.

No. 80-3537.

662 F.2d 1158 (1981)

Morris A. HICKS, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. The QUAKER OATS COMPANY, Defendant-Appellant.

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

Rehearing and Rehearing Denied January 18, 1982.


Attorney(s) appearing for the Case

Glankler, Brown, Gilliland, Chase, Robinson & Raines, Lee J. Chase, III, John I. Houseal, Jr., Memphis, Tenn., Benjamin R. Slater, Jr., New Orleans, La., Theodore A. Woerthwein, Chicago, Ill., The Quaker Oats Co., for defendant-appellant.

Freeland & Gafford, T. H. Freeland, III, Oxford, Miss., for plaintiff-appellee.

Before CHARLES CLARK and RANDALL, Circuit Judges, and SHARP, District Judge.


Rehearing and Rehearing En Banc Denied January 18, 1982.

RANDALL, Circuit Judge:

This case involves a suit by fourteen former employees of the defendant Quaker Oats Company for benefits under a special retirement program, and presents several difficult questions regarding the law of collateral estoppel. Essentially, the issues revolve around the propriety of the use of offensive collateral estoppel with respect to a prior unappealed and alternative ground...

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