FOX v. TYSON FOODS, INC.

No. 07-11852.

519 F.3d 1298 (2008)

M.H. FOX, Jeniece Carroll, Teresa Brothers, Angela Hatchett, Sharon Mitchell, Thomas Lee White, Ava Joyner, Janet Garrett, Winfred Earl, Princess Brown, Pamela Woodworth, Plaintiffs-Appellants, Carolyn B. Able, et al., Proposed Intervenors-Appellants, v. TYSON FOODS, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 12, 2008.


Attorney(s) appearing for the Case

Candis A. McGowan, Robert L. Wiggins, Jr., Robert F. Childs, Jr., Ann K. Wiggins, Herman N. Johnson, Jr., Wiggins, Childs, Quinn & Pantazis, P.C., Birmingham, AL, Christine E. Webber, Joseph M. Sellers, Cohen, Milstein, Hausefeld & Toll, PLLC, Washington, DC, for Appellants.

Michael J. Mueller, Akin, Gump, Strauss, Hauer & Feld, LLP, Washington, DC, for Tyson Foods, Inc.

Before HULL and PRYOR, Circuit Judges, and MOORE, District Judge.


PRYOR, Circuit Judge:

The main issue in this appeal is whether a district court must allow litigants to intervene in an action based only on a speculative concern about the stare decisis effect of a decision in that action. Petitioners, 161 employees or former employees of the Tyson Foods, Inc., plant in Blountsville, Alabama, appeal the denial of their motion to intervene in an action filed by M.H. Fox, an employee of the Tyson plant in Albertville, Alabama. The...

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