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King v. Pepsi Cola Metropolitan Bottling Co.

86 F.R.D. 4 (1979)
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King v. Pepsi Cola Metropolitan Bottling Co.

United States District Court for the Eastern District of Pennsylvania
86 F.R.D. 4 (1979)

Facts

King, Carter, Wilson, Taylor, Minot, and Coatney (employees) (plaintiffs) brought suit against their employer, Pepsi Cola Metropolitan Bottling Co. (defendant), alleging various claims of specific and general practices of racial discrimination. The court dismissed all claims for relief except for that asserted under Section 2 of the Civil Rights Act of 1866, 42 U.S.C. § 1981. Pepsi filed a motion in the alternative seeking a severance of the employees, arguing that because plaintiffs failed to move for class designation within the appropriate time frame, their individual claims under the Civil Rights Act should be tried separately before separate juries.

Rule of Law

Issue

Holding and Reasoning (McGlynn, J.)

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