Opinion · Court of Appeals for the Fifth Circuit

Transit Casualty Company v. Security Trust Company

396 F.2d 803

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1968-08-29
Topic
general

PER CURIAM: 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.

Citator

UpLaw has not yet analyzed Transit Casualty Company v. Security Trust Company. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
14 opinions
TRANSIT CASUALTY COMPANY v. SECURITY TRUST CO.,396 F.2d 803(5th Cir. 1968)
TRANSIT CASUALTY COMPANY et al., Appellants, v. SECURITY TRUST COMPANY et
al., Appellees.
No. 25249.
United States Court of Appeals, Fifth Circuit.
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.
PER CURIAM:
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. Rule41(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.Page 804