W. ALTON JONES FOUNDATION v. CHEVRON U.S.A., INC.

No. 1952, Docket 96-7371.

97 F.3d 29 (1996)

W. ALTON JONES FOUNDATION; Wenonah Development Company; Foster and Foster; Foster Bam; Alma Foster Davis; Cities Service Company; Harry C. Bader and Ann D. Friel, Plaintiffs-Appellees, v. CHEVRON U.S.A., INC., f/k/a Gulf Oil Corporation, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 27, 1996.


Attorney(s) appearing for the Case

Andrew L. Frey, New York City (Philip Allen Lacovara, Stephen M. Shapiro, Mayer, Brown & Platt, New York City, Banks Brown, McDermott, Will & Emery, New York City, William I. Edlund, Craig E. Stewart, Pillsbury Madison & Sutro, San Francisco, CA, of counsel), for Defendant-Appellant.

W. DeVier Pierson, New York City (Peter J. Levin, Pierson Semmes and Bemis, New York City, Barry H. Garfinkel, Robert E. Zimet, James W. Brown, Skadden, Arps, Slate, Meagher & Flom, New York City, Oliver S. Howard, Teresa B. Adwan, Gable & Gotwals, Tulsa, OK, of counsel), for Plaintiff-Appellee.

Before: LUMBARD, VAN GRAAFEILAND, and LEVAL, Circuit Judges.


LEVAL, Circuit Judge:

In this appeal, we consider whether an entity covered by the literal definition of the plaintiff-class in a class action settlement may nevertheless escape the preclusive effect of the judgment under the highly unusual circumstances presented here.

Shareholders of Cities Service Company brought a class action against Gulf Oil Corporation in the Southern District of New York alleging claims arising...

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