LARKIN v. PULLMAN-STANDARD DIV., PULLMAN, INC.

Nos. 84-7319, 86-7886 and 87-7057.

854 F.2d 1549 (1988)

William B. LARKIN; Louise Seals, as personal representative of Spurgeon Seals, deceased; Lillie Lofton, as personal representative of Edward Lofton, deceased; Jesse B. Terry, on behalf of himself and others similarly situated, Plaintiffs-Appellants, v. PULLMAN-STANDARD DIVISION, PULLMAN, INC., a corporation, Defendant-Appellee. Louis SWINT and Willie James Johnson, on behalf of themselves and others similarly situated; Clyde Humphrey, Plaintiffs-Appellants, v. PULLMAN-STANDARD, Bessemer, Alabama; United Steelworkers of America Local 1466; and United Steelworkers of America, AFL-CIO, International Association of Machinists, Defendants-Appellees. Louis SWINT, and Willie James Johnson, on behalf of themselves and others similarly situated; Clyde Humphrey, Plaintiffs-Appellees, v. PULLMAN-STANDARD, Bessemer, Alabama, Defendant-Appellant, United Steelworkers of America Local 1466; and United Steelworkers of America, AFL-CIO, International Association of Machinists, Defendants.

United States Court of Appeals, Eleventh Circuit.

September 21, 1988.


Attorney(s) appearing for the Case

O. William Adams, III, Birmingham, Ala., Elaine R. Jones, Washington, D.C., James U. Blacksher, Birmingham, Ala., Eric Schnapper, NAACP Legal Defense Fund, New York City, for plaintiffs-appellants in No. 84-7319.

C.V. Stelzenmuller, Burr & Forman, Birmingham, Ala., for defendant-appellee in No. 84-7319.

James U. Blacksher, Mobile, Ala., Oscar W. Adams, III, Birmingham, Ala., Elaine R. Jones, NAACP Legal Defense & Educational Fund, Washington, D.C., Julius L. Chambers, Pamela S. Karlan, Eric Schnapper, NAACP Legal Defense Fund, New York City, for plaintiffs-appellants in No. 86-7886.

Jerome A. Cooper, Cooper, Mitch & Crawford, Birmingham, Ala., for defendants-appellees in No. 86-7886.

C.V. Stelzenmuller, Burr & Forman, Birmingham, Ala., for defendant-appellant in No. 87-7057.

Before JOHNSON and CLARK, Circuit Judges, and DUMBAULD, Senior District Judge.


CLARK, Circuit Judge:

Few cases better represent the idea that the road to justice can be a long and tortured one. The class action giving rise to two of these three consolidated appeals was filed in 1971. The named plaintiffs, Louis Swint and Willie Johnson (the "Swint plaintiffs"), alleged that Pullman-Standard, Inc. (Pullman), the United Steelworkers, and United Steelworkers Local 1466 (collectively USW) had engaged...

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