BERTULLI v. INDEPENDENT ASS'N OF CONTIN. PILOTS

No. 99-21170.

242 F.3d 290 (2001)

A.J. BERTULLI; Joe Grinder; Larry Douris; Joan Sandstrome; Marc Blackmore, Plaintiffs-Appellees, v. INDEPENDENT ASSOCIATION OF CONTINENTAL PILOTS; Continental Airlines, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 13, 2001.


Attorney(s) appearing for the Case

William Randell Wilder (argued), Roland P. Wilder, Jr., Baptiste & Wilder, Washington, DC, for Independent Ass'n of Continental Pilots.

Jon A. Geier (argued), Paul, Hastings, Janofsky & Walker, Washington, DC, for Continental Airlines.

J. Richard Hammett, Laurence Eliot Stuart (argued), Charlene Hsi-Lin Tsang, Baker & McKenzie, Houston, TX, for Plaintiffs-Appellees.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Pilots filed this class action against their pilots' association and airline claiming injury suffered as a result of seniority lost when the pilots' association and airline changed the seniority rankings of their pilots. The class was certified under Rule 23(b)(3).1 Defendants appeal the certification order under Rule 23(f).2

The pilots' association and airline...

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