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BROWN v. NUCOR CORP.

No. 08-1247.

576 F.3d 149 (2009)

Quinton BROWN; Jason Guy; Ramon Roane; Alvin Simmons; Sheldon Singletary; Gerald White; Jacob Ravenell, individually and on behalf of the class they seek to represent, Plaintiffs-Appellants, v. NUCOR CORPORATION; Nucor Steel Berkeley, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 7, 2009.

Attorney(s) appearing for the Case

ARGUED: Robert L. Wiggins, Jr., Wiggins, Childs, Quinn & Pantazis, P.C., Birmingham, Alabama, for Appellants. Earle Duncan Getchell, Jr., McGuirewoods, L.L.P., Richmond, Virginia, for Appellees. ON BRIEF: Armand Derfner, D. Peters Wilborn, Jr., Derfner, Altman & Wilborn, Charleston, South Carolina; Ann K. Wiggins, Susan Donahue, Wiggins, Childs, Quinn & Pantazis, P.C, Birmingham, Alabama, for Appellants. Cary A. Farris, Marc Patton, Alaniz & Schraeder, L.L.P., Houston, Texas; Erin M. Sine, McGuirewoods, L.L.P., Richmond, Virginia; John S. Wilkerson, III, Nosizi Ralephata, Turner, Padget, Graham & Laney, P.A., Charleston, South Carolina, for Appellees.

Vacated and remanded with instructions by published opinion. Judge GREGORY wrote the opinion, in which Judge MICHAEL joined. Judge AGEE wrote a separate opinion concurring in part and dissenting in part.

OPINION

GREGORY, Circuit Judge:

This case involves allegations of racial discrimination at a steel manufacturing plant in Huger, South Carolina, owned by Nucor Corporation and Nucor Steel Berkeley (collectively, "Nucor"). We find that the district court abused its discretion and erred as a matter of law in denying class certification to the plaintiffs-appellants. We therefore vacate the order and remand the case to the district court for certification.<...

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