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Allison v. Citgo Petroleum Corp.

United States Court of Appeals for the Fifth Circuit

151 F.3d 402 (1998)

Facts

African American employees and applicants (employees) (plaintiffs) sued their employer Citgo Petroleum Corp. (Citgo) (defendant) for racial discrimination-in-employment under Title VII of the Civil Rights Act of 1964. The employees moved to certify a class of over 1,000 current and former Citgo employees and unsuccessful job-applicants at two separate Citgo facilities. The employees’ prayer for relief sought injunctive, declaratory, and monetary relief, including back-pay, front-pay, pre-judgment interest, and attorneys’ fees. The employees also requested compensatory and punitive damages, which were additional remedies authorized by the 1991 amendments to the Civil Rights Act. After an evidentiary hearing held by an assigned magistrate judge, the district court denied certification of the class under Federal Rule of Civil Procedure 23(b)(2). The employees appealed the denial.

Rule of Law

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Issue

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Holding and Reasoning (Jolly, J.)

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Dissent (Dennis, J.)

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