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BENNETT v. NUCOR CORP.

Nos. 09-3831, 09-3834, 10-1332.

656 F.3d 802 (2011)

Cornelius BENNETT, Individually, and on behalf of the Class he seeks to represent; Sylvester Rogers, Individually, and on behalf of the Class he seeks to represent, Plaintiffs/Appellees/Cross-Appellants, Stacey Warren, Plaintiff, Rodney Washington, Individually, and on behalf of the Class he seeks to represent; Clifton Lee, Sr., Individually, and on behalf of the Class he seeks to represent; Ozzie Green, Individually, and on behalf of the Class he seeks to represent; Larry McBride, Individually, and on behalf of the Class he seeks to represent, Plaintiffs/Appellees/Cross-Appellants, Melvin Wright; Jerome Bogan; Johnny Banks; Charles Wells; Jeff Stone; Bruce Henley; Lamar Freeman; Wilson Done; George Reed; Ed Rhodes; Carlos Chambers; Jerry Wilson; Leslie Chalk, Intervenor Plaintiffs/Cross-Appellants, v. NUCOR CORPORATION; Nucor-Yamato Steel Company, (Limited Partnership), Defendants/Appellants/Cross-Appellees, Nucor Steel — Arkansas, Defendant. Cornelius Bennett, Individually, and on behalf of the Class he seeks to represent; Sylvester Rogers, Individually, and on behalf of the Class he seeks to represent, Plaintiffs/Appellants, Stacey Warren, Plaintiff, Rodney Washington, Individually, and on behalf of the Class he seeks to represent; Clifton Lee, Sr., Individually, and on behalf of the Class he seeks to represent; Ozzie Green, Individually, and on behalf of the Class he seeks to represent; Larry McBride, Individually, and on behalf of the Class he seeks to represent, Plaintiffs/Appellants, Melvin Wright; Jerome Bogan; Johnny Banks; Charles Wells; Bruce Henley; Lamar Freeman; Wilson Done; George Reed; Ed Rhodes; Carlos Chambers; Jerry Wilson; Leslie Chalk, Intervenor Plaintiffs/Appellants, Jeff Stone, Intervenor Plaintiff, v. Nucor Corporation; Nucor-Yamato Steel Company, (Limited Partnership), Defendants/Appellees, Nucor Steel — Arkansas, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: September 22, 2011.

Attorney(s) appearing for the Case

Thomas Walsh , argued, St. Louis, MO, John K. Linker , Jeffrey S. Mayes , and Cary A. Farris , Houston, TX, and Elizabeth C. Carver , St. Louis, MO, on the brief, for Appellants/Cross-Appellees Nucor Corp. and Nucor-Yamato Steel Company.

Robert L. Wiggins, Jr. , argued, Birmingham, AL, Susan G. Donahue , C. Michael Quinn , and Ann K. Wiggins , Birmingham, AL, and Nate Coulter , Little Rock, AR, on the brief, for Plaintiff-Appellees/Cross-Appellants and Intervenor-Plaintiffs/Cross-Appellants.

Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges.

COLLOTON, Circuit Judge.

Six current and former African-American employees brought this action against Nucor Corporation and Nucor-Yamato Steel Company, L.P. (collectively, "Nucor"), alleging racial discrimination in violation of 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17. The district court1 denied the plaintiffs' request for class certification, granted summary...

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