TRANSIT CASUALTY COMPANY Et Al., Appellants,
v.
SECURITY TRUST COMPANY Et Al., Appellees
v.
SECURITY TRUST COMPANY Et Al., Appellees
25249.
Court of Appeals for the Fifth Circuit.
Aug 29, 1968.
396 F.2d 803
Paul R. Larkin, Jr., Samuel J. Powers, Jr., James E. Tribble, Blackwell, Walker & Gray, Miami, Fla., for appellants., James A. Dixon, Miami, Fla., Brooks P. Hoyt, Tampa, Fla., Reginald L. Williams, Sam Daniels, Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, Fla., for appellees.
Wisdom, Coleman, Comiskey.
Cited by 13 opinions | Published
The appellants brought this suit as a class action. Before the court reached a determination of appellants’ right to maintain this suit as a class action, the district judge ordered appellants to “amend their complaints so as to include ' as parties plaintiff all members of the alleged class who have retained counsel for the plaintiffs to represent them in these two cases.” Ten months later the district judge dismissed appellants’ suit with prejudice when appellants failed to comply with this order. Rule 41(b) F.R.Civ.P.
We agree with the order of dismissal by the district court, but vacate that part of the order making the dismissal with prejudice and remand with instructions to enter the order without prejudice.