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McKENNA v. CHAMPION INTERN. CORP.

No. 83-2402.

747 F.2d 1211 (1984)

Royal V. McKENNA, Appellee, v. CHAMPION INTERNATIONAL CORPORATION, Appellant. and Royal V. McKENNA, Melvin J. Wiersum, Kenneth M. Mercer, Craig Williams, Alfred Edward Moorer, Jr., Charles O'Connell and Wallace Elfstrom, Appellees, v. CHAMPION INTERNATIONAL CORPORATION, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 6, 1984.

Attorney(s) appearing for the Case

John M. Mason, Minneapolis, Minn., for appellant.

Neil P. Convery, St. Paul, Minn., for appellee.

Before LAY, Chief Judge, McMILLIAN and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

The issue before us in this age-discrimination class action is whether the district court properly ordered that prospective class members be notified of their right to join in the action. Because the Fair Labor Standards Act, 29 U.S.C. § 216(b) (1982), which governs such class actions, differs substantially from Fed.R.Civ.P. 23, we reverse.

In 1977, Hoerner Waldorf Corp. merged into Champion International Corp. Royal

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