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YANG v. ODOM

No. 03-2951.

392 F.3d 97 (2004)

Pedro YANG; Carol Jackson; Peter S. Kelsch, on behalf of themselves and all persons similarly situated; Jason Thompson; Raymond T. Crump, v. Steven A. ODOM; Mark Gergel; Hensley E. West; Martin D. Kidder; Stephen J. Clearman (D.C. Civil No. 02-cv-05968) James Barberian; Joseph Kinosian; Karen Kinosian v. Steven A. Odom; Mark Gergel; Hensley E. West; Martin D. Kidder; Stephen J. Clearman (D.C. Civil No. 03-cv-00725) Jason THOMPSON and Raymond T. Crump, Appellants.

United States Court of Appeals, Third Circuit.

Filed December 15, 2004.

Attorney(s) appearing for the Case

Allyn Z. Lite, Lite DePalma Greenberg & Rivas, LLC, Newark, NJ, Robert M. Kornreich, Carl L. Stine, (Argued), Wolf Popper LLP, New York, NY, for Appellants.

J. David Dantzler, Jr., (Argued), J. Timothy Mast, Thuy N. Vu, McKenna Long & Aldridge LLP, Atlanta, GA, William B. McGuire, Marianne M. DeMarco, Tompkins, McGuire, Wachenfeld & Barry, Newark, NJ, for Appellees.

Before ALITO, SMITH, Circuit Judges and DUBOIS, District Judge.

OPINION OF THE COURT

SMITH, Circuit Judge.

Pedro Yang, Carol Jackson, and Peter Kelsch, one member of each of three would-be subclasses in this class action, on behalf of themselves and similarly situated individuals, appeal the District Court's refusal to toll the applicable statute of limitations during the pendency of a prior, substantively identical suit. Absent tolling, this second suit is time-barred.

The Northern District of Georgia denied...

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