CONSOLIDATED DIESEL CO. v. N.L.R.B.

Nos. 00-2545, 01-1064

263 F.3d 345 (2001)

Consolidated Diesel Company, Petitioner, v. National Labor Relations Board, Respondent, Cdc Workers Unity Committee, Intervenor. National Labor Relations Board, Petitioner, Cdc Workers Unity Committee, Intervenor, Ca v. Consolidated Diesel Company, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: August 15, 2001


Attorney(s) appearing for the Case

ARGUED: Glenn Littleton Spencer, HAYNSWORTH, BALDWIN, JOHNSON & GREAVES, L.L.C., Greenville, South Carolina, for Consolidated Diesel. Michael R. Lewis, Senior Attorney, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Board. M. Travis Payne, EDELSTEIN & PAYNE, Raleigh, North Carolina, for Intervenor.

ON BRIEF: Leonard R. Page, Acting General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Howard E. Perlstein, Deputy Assistant General Counsel, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Board.

Before WILKINSON, Chief Judge, TRAXLER, Circuit Judge, and Andre M. DAVIS, United States District Judge for the District of Maryland, sitting by designation.


This case turns on one discrete question of statutory interpretation — whether 28 U.S.C. § 1367 (1994) permits federal courts to exercise supplemental jurisdiction in a diversity class action when one named plaintiff has a claim above the jurisdictional minimum. The district court held that § 1367 confers federal subject matter jurisdiction over class members whose claims do not satisfy the amount in controversy requirement of 28 U.S.C. § 1332, as long...

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