BRYANT v. DUPREE

No. 00-13834.

252 F.3d 1161 (2001)

John BRYANT, On behalf of Himself and all others similarly situated, Robert C. East, et al., Plaintiffs-Appellants, v. Thomas E. DUPREE, Jr., David P. Frazier, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Decided May 18, 2001.


Attorney(s) appearing for the Case

Katherine L. Blanck, Thomas Edward Egler, Joseph D. Daley, Leonard B. Simon, Eric A. Isaacson, Sanford Svetcov, Milberg, Weiss, Bershad, Hynes & Lerach, LLP, San Diego, CA, Martin D. Chitwood, David A. Bain, Chitwood & Harley, Atlanta, GA, for Plaintiffs-Appellants.

Theodore Jospeh Sawicki, John A. Jordak, Jr., Oscar N. Persons, Alston & Bird, LLP, Atlanta, GA, E. Davison Burch, Blasingame, Burch, Garrard & Bryant, P.C., Athens, GA, for Defendants-Appellees.

Before BARKETT, HILL and KRAVITCH, Circuit Judges.


PER CURIAM:

This is the second appeal of this case and the facts are set out fully in Bryant v. Avado Brands, Inc., 187 F.3d 1271 (11th Cir.1999). Accordingly, we address only the facts necessary to our decision in the current appeal, in which the plaintiffs challenge the district court's dismissal of their complaint without leave to amend. Because we find that the district court should have allowed the plaintiffs an opportunity...

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