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Transit Casualty Company v. Security Trust Co

United States Court of Appeals, Fifth Circuit
Aug 29, 1968
396 F.2d 803 (5th Cir. 1968)

Opinion

No. 25249.

June 28, 1968. Rehearing Denied August 29, 1968.

Paul R. Larkin, Jr., Samuel J. Powers, Jr., James E. Tribble, Blackwell, Walker Gray, Miami, Fla., for appellants.

James A. Dixon, Miami, Fla., Brooks P. Hoyt, Tampa, Fla., Reginald L. Williams, Sam Daniels, Dixon, DeJarnette, Bradford, Williams, McKay Kimbrell, Miami, Fla., for appellees.

Before WISDOM and COLEMAN, Circuit Judges, and COMISKEY, District Judge.


The appellants brought this suit as a class action. Before the court reached a determination of appellants' right to maintain this suit as a class action, the district judge ordered appellants to "amend their complaints so as to include as parties plaintiff all members of the alleged class who have retained counsel for the plaintiffs to represent them in these two cases." Ten months later the district judge dismissed appellants' suit with prejudice when appellants failed to comply with this order. Rule 41(b) F.R.Civ.P.

We agree with the order of dismissal by the district court, but vacate that part of the order making the dismissal with prejudice and remand with instructions to enter the order without prejudice.


Summaries of

Transit Casualty Company v. Security Trust Co

United States Court of Appeals, Fifth Circuit
Aug 29, 1968
396 F.2d 803 (5th Cir. 1968)
Case details for

Transit Casualty Company v. Security Trust Co

Case Details

Full title:TRANSIT CASUALTY COMPANY et al., Appellants, v. SECURITY TRUST COMPANY et…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 29, 1968

Citations

396 F.2d 803 (5th Cir. 1968)

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