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Taylor v. Safeway Stores, Inc.

524 F.2d 263 (1975)

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Taylor v. Safeway Stores, Inc.

United States Court of Appeals for the Tenth Circuit
524 F.2d 263 (1975)

MP

Facts

Taylor (plaintiff), a former employee at the Denver frozen-food warehouse of Safeway Stores, Inc. (Safeway) (defendant), sued Safeway for race-based discrimination after Taylor was discharged from his job. Taylor sought to certify a class of basically all Black persons who were or ever could be or could have been employed by Safeway in Colorado. The district court tentatively certified the class but limited it to Black employees at Safeway’s Denver frozen-food warehouse because Taylor could not meet Federal Rule of Civil Procedure 23(a)(3)’s typicality requirement. After a trial on the merits, the district court found for Taylor only on the allegation that Taylor’s immediate supervisor’s actions towards Taylor were racially motivated and negatively influenced Taylor’s productivity. The district court awarded Taylor backpay and attorney’s fees, but it refused to reinstate him. The district court also found no merit for the class-action claim and refused to award attorney’s fees for that claim. Taylor appealed.

Rule of Law

Issue

Holding and Reasoning (Lewis, C.J.)

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Advanced Civil Procedure

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