FLEMING v. TRAVENOL LABORATORIES, INC.

No. 82-4408. Summary Calendar.

707 F.2d 829 (1983)

Marie FLEMING, and others similarly situated, Plaintiffs-Appellants, v. TRAVENOL LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 9, 1983.


Attorney(s) appearing for the Case

Cleve McDowell, Cleveland, Miss., for plaintiffs-appellants.

Cadwalader, Wickersham & Taft, Stephen N. Shulman, Mark C. Ellenberg, Washington, D.C., Freeland & Gafford, James L. Robertson, Oxford, Miss., for defendant-appellee.

Before REAVLEY, GARWOOD and JOLLY, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

I.

Plaintiff, Marie Fleming, filed this Title VII sex discrimination class action suit against defendant, Travenol Laboratories, Inc. (Travenol), prior to summary judgment dismissal of her race discrimination case arising from the same transaction as here and against the same defendant. The district judge declined to certify the proposed female class and subsequently found that res judicata barred Fleming's individual...

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