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FRANKS v. KROGER CO.

No. 79-1009.

649 F.2d 1216 (1981)

Martha Frances FRANKS et al., Plaintiffs, Martha Ann Thweatt et al., Plaintiffs-Movant Appellants, v. The KROGER COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1981.

As Amended June 29, 1981.

Rehearing and Rehearing Denied September 9, 1981.

Attorney(s) appearing for the Case

G. Philip Arnold, Thomas M. Daniel, Ratner, Sugarmon, Lucas & Henderson, Memphis, Tenn., for plaintiffs-movant appellants.

J. Mack Swigert, L. J. Barty, Taft, Stettinius & Hollister, James S. Johns, Cincinnati, Ohio, J. Edward Wise, Armstrong, Allen, Braden, Goodman, McBride & Prewitt, Memphis, Tenn., for defendant-appellee.

Before KEITH and MERRITT, Circuit Judges and GUY, District Judge.

Rehearing and Rehearing En Banc Denied September 9, 1981.

KEITH, Circuit Judge.

This appeal presents a challenge to the district court's approval of a settlement agreement between the defendant, The Kroger Company, and the class represented by Martha Frances Franks and the other named plaintiffs. For the reasons discussed below, we reverse the district court's approval of the settlement agreement and remand for proceedings consistent with this opinion.

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