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Mosley v. General Motors Corp.

United States Court of Appeals for the Eighth Circuit
497 F.2d 1330 (1974)


Mosley (plaintiff) and nine others alleged that their employer, General Motors (defendant), and their union, United Automobile, Aerospace and Agriculture Implement Workers of America, had discriminated against them on the basis of color and race. Each of the ten filed a charge with the Equal Employment Opportunity Commission, which made a reasonable cause finding and informed each of them of their right to institute a civil action. The plaintiffs then brought an action individually and as class representatives alleging that General Motors engaged in unlawful and discriminatory employment practices against black and females employees. Of the twelve counts alleged, the district court, on General Motors' motion, ordered that the first ten be severed into separate actions to be brought individually by the plaintiffs, not as a class. The district court reasoned that there was no question of law or fact common to all plaintiffs to sustain joinder under FRCP 20(a), and that the only similarity between their claims was that they were all against the same employer. The plaintiffs took an interlocutory appeal from this order.

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