Opinion
Nos. 71-1934, 71-1937.
Argued April 20, 1972.
Decided October 13, 1972.
Dennis E. Murray, Sandusky, Ohio (Murray Murray Co., Sandusky, Ohio, Thomas C. Waechter, Bieser, Greer Landis, Dayton, Ohio, on the brief), for plaintiffs-appellants.
Charles P. Pfarrer, Dayton, Ohio (Cowden, Pfarrer, Crew Becker, Dayton, Ohio, Ross L. Malone, Detroit, Mich., on brief), for General Motors.
Susan Deller Ross, EEOC, Washington, D.C. (Howard Besser, Dist. Atty., Cleveland, Ohio, on brief), amici curiae for Equal Employment Opportunity Commission.
Ruth Weyand, Washington, D.C., and Sorrell Logethetis, Knee, Snyder Parks, Dayton, Ohio (Winn Newman, Washington, D.C., and Richard Rice, Kettering, Ohio, on brief), for Union.
Appeal from the United States District Court for the Southern District of Ohio.
Before PHILLIPS, Chief Judge, KENT, Circuit Judge, and McALLISTER, Senior Circuit Judge.
ORDER
These appeals are from judgments entered in the trial court disposing of cases which were commenced as class actions under the provisions of Rule 23, Federal Rules of Civil Procedure, 28 U.S.C.A. The trial court, 325 F. Supp. 1089, failed to determine whether the actions could be maintained as class actions as required by Rule 23(c), and the judgments from which these appeals are taken do not "include and describe those whom the court finds to be members of the class."
It is, therefore, ordered that the judgments of the trial court are reversed and the cases remanded for further proceedings pursuant to Rule 23, Federal Rules of Civil Procedure, and for consideration in the light of this Court's opinion in Manning v. International Union and General Motors Corp., 466 F.2d 812, decided September 11, 1972.