Nathaniel MOSLEY Et Al., Appellants, v. Gen. MOTORS Corp. Et Al., Appellees, 497 F.2d 1330 (8th Cir. 1974). · Go Syfert
Nathaniel MOSLEY Et Al., Appellants, v. Gen. MOTORS Corp. Et Al., Appellees, 497 F.2d 1330 (8th Cir. 1974). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 1999–2020 · 3 courts · …absolute identity of all events is unnecessary. at p. 1333
742 citation events (564 in the last 25 years) across 101 distinct courts.
Strongest positive: Daker v. Head (gasd, 2020-09-04)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Daker v. Head
S.D. Ga. · 2020 · quote attribution · 1 verbatim quote · confidence high
he scope of the civil action is made a matter for the discretion of the district court.
discussed Cited as authority (verbatim quote) DAKER v. HEAD
M.D. Ga. · 2020 · quote attribution · 1 verbatim quote · confidence high
he scope of the civil action is made a matter for the discretion of the district court.
discussed Cited as authority (verbatim quote) Daker v. Head
N.D. Ga. · 2020 · quote attribution · 1 verbatim quote · confidence high
he scope of the civil action is made a matter for the discretion of the district court.
examined Cited as authority (verbatim quote) Eisenberg v. Swain
D.C. · 2020 · quote attribution · 1 verbatim quote · confidence high
he scope of the civil action is made a matter for the discretion of the district court, and a determination on the question of joinder of parties will be reversed on appeal only upon a showing of abuse of that discretion.
examined Cited as authority (verbatim quote) Robinson v. Midwest Division-RMC, LLC (4×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
W.D. Mo. · 2020 · quote attribution · 1 verbatim quote · confidence high
absolute identity of all events is unnecessary.
discussed Cited as authority (verbatim quote) Azarax, Inc. v. Wireless Communications Venture LLC
D. Minnesota · 2018 · quote attribution · 1 verbatim quote · confidence high
reviewing the decision to allow parties to join litigation for abuse of discretion
discussed Cited as authority (verbatim quote) Miasia Barron, and Maddison Schmidt, Plaintiff/Respondent v. Abbott Laboratories, Inc.
Mo. Ct. App. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
the fact that each plaintiff may have suffered different effects ...is immaterial for the purposes of determining the common question of law or fact.
examined Cited as authority (verbatim quote) Tang v. Northpole Ltd. (3×) also: Cited as authority (rule)
W.D. Ark. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
rule 20(b) and rule 42(b) vest in the district court the discretion to order separate trials or make such other orders as will prevent delay or prejudice. in this manner, the scope of the civil action is made a matter for the discretion of the district court____
examined Cited as authority (verbatim quote) SER Energy Corp. of America v. Hon. John Lewis Marks, Judge (5×) also: Cited as authority (rule), Cited "see"
W. Va. · 2015 · quote attribution · 1 verbatim quote · confidence high
transaction' is a word of flexible meaning. it may comprehend a'series of many occurrences, depending not so much upon the immediateness of them connection as upon their logical relationship.
discussed Cited as authority (verbatim quote) SER J.C., a Minor v. Hon. James P. Mazzone, Lead Presiding Judge (2×) also: Cited "see"
W. Va. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
absolute identity of all events is unnecessary.
discussed Cited as authority (verbatim quote) Rhyne v. K-Mart Corp.
N.C. · 2004 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the purpose of is to promote trial convenience and expedite the final determination of disputes, thereby 190 preventing multiple lawsuits.
examined Cited as authority (verbatim quote) Sheets v. CTS Wireless Components, Inc. (3×) also: Cited "see", Cited "see, e.g."
D.N.M. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
e conclude that a company-wide policy purportedly designed to discriminate against blacks in employment similarly arises out of the same series of transactions or occurrences.
discussed Cited as authority (verbatim quote) Maldonado Cordero v. AT & T
D.P.R. · 1999 · quote attribution · 1 verbatim quote · confidence high
absolute identity of all events is unnecessary.
discussed Cited as authority (quoted) Liberty Insurance Corporation v. LSP Products Group, Inc.
E.D. Mich. · 2021 · quote attribution · 1 verbatim quote · confidence low
ule 20 would permit all reasonable related claims for relief by or against different parties to be tried in a single proceeding.
discussed Cited as authority (quoted) Mike Bulaon v. General Motors LLC
E.D. Mich. · 2020 · quote attribution · 1 verbatim quote · confidence low
rule 20 would permit all reasonable related claims for relief by or against different parties to be tried in a single proceeding
discussed Cited as authority (quoted) Taylor Pantel v. General Motors LLC CASE CLOSED - ALL ENTRIES MUST BE MADE IN 17-11661.
E.D. Mich. · 2020 · quote attribution · 1 verbatim quote · confidence low
rule 20 would permit all reasonable related claims for relief by or against different parties to be tried in a single proceeding
examined Cited as authority (rule) Abbie Byrd, et al. v. TitleMax of South Carolina, Inc. and TitleMax of Virginia, Inc. (3×)
M.D.N.C. · 2026 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974).
cited Cited as authority (rule) Adam Lee Janssen v. Jefferson County, MO, et al.
E.D. Mo. · 2026 · confidence medium
Mosely v. General Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974).
cited Cited as authority (rule) International Painters and Allied Trades Industry Pension Fund, et al. v. Statesville Painting and Maintenance LLC, et al.
D. Maryland · 2026 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)).
cited Cited as authority (rule) Michael Gordon v. Jody Glore, et al.
E.D. Mo. · 2026 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)).
discussed Cited as authority (rule) Sandy Phillips v. Stoddard County Circuit Court, et al.
E.D. Mo. · 2026 · confidence medium
P. 20(a)(2)(A); Mosely v. General Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974) (joinder requires that a plaintiff only assert rights to relief against each named defendant based on claims that arise out of the same transaction or occurrence).
cited Cited as authority (rule) Danny Harrison et al. v. General Motors, LLC
E.D. Mich. · 2026 · confidence medium
Mich. 2012) (citing Mosley v. General Motors Corp., 497 F.2d 1330, 1332 (8th Cir.1974)).
discussed Cited as authority (rule) Angela Ballanger, et al. v. Missouri State Hospital, et al. (2×) also: Cited "see, e.g."
E.D. Mo. · 2026 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974).
discussed Cited as authority (rule) Angela Ballanger, et al. v. Missouri State Hospital, et al. (2×) also: Cited "see, e.g."
E.D. Mo. · 2026 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974).
discussed Cited as authority (rule) Angela Ballanger, et al. v. Missouri State Hospital, et al. (2×) also: Cited "see, e.g."
E.D. Mo. · 2026 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974).
cited Cited as authority (rule) SAMUEL CLEMENT WENDT v. WARDEN BENJAMIN ANDERSON, et al.
M.D.N.C. · 2026 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)).
cited Cited as authority (rule) Nickholas Knight, Sr. v. United States, et al.
E.D. Va. · 2026 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)).
cited Cited as authority (rule) Nickholas Knight, Sr. v. United States, et al.
E.D. Va. · 2026 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)).
cited Cited as authority (rule) Zoe Marsh-Leigh v. David Moore, et al.
N.D. Ill. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974).
cited Cited as authority (rule) Esra Abuarqob v. Erika Castro et al.
D. Maryland · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)); see also Moore v. New York.
cited Cited as authority (rule) In re: Stewart Barge Number Twelve, LLC, as Owner of the SC 740 Barge
E.D. La. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)).
cited Cited as authority (rule) Sarah J. Reichman v. Austen Bailey, et al.
N.D. Ohio · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1332 (8th Cir. 1974)).
cited Cited as authority (rule) Cofield v. LinkedIn Corporation
D. Maryland · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)) . . . .
cited Cited as authority (rule) Ware v. Department of Corrections Missouri
E.D. Mo. · 2025 · confidence medium
Mosely v. General Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974).
cited Cited as authority (rule) Montileone Properties, LLC v. AAMCO Transmissions, LLC
E.D. Mo. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)).
cited Cited as authority (rule) CSMN Operations LLC v. Aetna Life Insurance Company
D. Colo. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)).
discussed Cited as authority (rule) Cabral v. City of Fort Myers, Florida (2×) also: Cited "see"
M.D. Fla. · 2025 · confidence medium
“Plainly, the central purpose of Rule 20 is to promote trial convenience and expedite the resolution of disputes, thereby eliminating unnecessary lawsuits.” Alexander v. Fulton Cnty., Ga., 207 F.3d 1303 , 1323 (11th Cir. 2000) (citing Mosley v. General Motors Corp., 497 F.2d 1330, 1332 (8th Cir. 1974), overruled on other grounds by Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003)).
cited Cited as authority (rule) Brewton v. Wright
D.S.C. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)).
cited Cited as authority (rule) Galindo v. Collins
N.D. Tex. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974).
cited Cited as authority (rule) Yarmohammadi v. Rubio
D. Maryland · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)); see also Moore v. New York.
cited Cited as authority (rule) Hurley v. Corbin
W.D. Va. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)).
cited Cited as authority (rule) Mack v. Food Lion, LLC
E.D.N.C. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)).
cited Cited as authority (rule) PEGAN v. BURRIELL
S.D. Ind. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)).
discussed Cited as authority (rule) (PC) Wolinski v. Lamas
E.D. Cal. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)). 26 Additionally, “the mere fact that all [of a plaintiff’s] claims arise under the same general law does 27 not necessarily establish a common question of law or fact.” Coughlin, 130 F.3d at 1351. 28 And even if a court finds that the requirements have been met, “a district court must examine 1 whether permissive joinder would ‘comport with principles of fundamental fairness’ or would 2 result in prejudice to either side.” Coleman v. Quaker Oats Company, 232 F.3d 1271 , 1296 (9th 3 Cir. 2000) (citing Desert Empire Bank, 623 F.2d…
discussed Cited as authority (rule) (PC) Adkins v. Ditomas
E.D. Cal. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)). 9 And even if a court finds that the requirements have been met, “a district court must examine 10 whether permissive joinder would ‘comport with principles of fundamental fairness’ or would 11 result in prejudice to either side.” Coleman v. Quaker Oats Company, 232 F.3d 1271 , 1296 (9th 12 Cir. 2000) (citing Desert Empire Bank, 623 F.2d at 1375 (finding that the district court did not 13 abuse its discretion when it severed certain plaintiff’s claims without finding improper joinder)). 14 Under Rule 20(b), the district court may se…
discussed Cited as authority (rule) AMBRIS v. VENANGO COUNTY
W.D. Pa. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974) (emphasizing that Rule 20 is designed to avoid multiplicity of litigation where claims share common operative facts).
cited Cited as authority (rule) (PC) Harper v. Farhat
E.D. Cal. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 6 1974)).
discussed Cited as authority (rule) (PC) Mendoza v. Matteson
E.D. Cal. · 2025 · confidence medium
Motors Corp., 497 F.2d 1330, 1333 (8th Cir. 1974)). 12 And even if a court finds that the requirements have been met, “a district court must examine 13 whether permissive joinder would ‘comport with principles of fundamental fairness’ or would 14 result in prejudice to either side.” Coleman v. Quaker Oats Company, 232 F.3d 1271 , 1296 (9th 15 Cir. 2000) (citing Desert Empire Bank, 623 F.2d at 1375 (finding that the district court did not 16 abuse its discretion when it severed certain plaintiff’s claims without finding improper joinder)). 17 Under Rule 20(b), the district court may s…
Retrieving the full opinion text from the archive…
8 Fair empl.prac.cas. 92, 7 Empl. Prac. Dec. P 9408 Nathaniel Mosley
v.
General Motors Corporation
Marilyn Holifield, New York City, for appellants; Louis Gilden, St. Louis, Mo., Jack Greenberg, James M. Nabrit, III, Morris J. Bailer, Marilyn J. Holifield, New York City, on the brief., Charles Hodge, Washington, D. C., for amicus curiae., James E. McDaniel, St. Louis, Mo., for appellee.
Ross, Stephenson, Van Pelt.
Cited by 410 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: #23,235 of 633,719
Citer courts: E.D. Michigan (3)
ROSS, Circuit Judge.

Nathaniel Mosley and nine other persons joined in bringing this action individually and as class representatives alleging that their rights guaranteed under 42 U.S.C. § 2000e et seq. and 42 U.S.C. § 1981 were denied by General Motors and Local 25, United Automobile, Aerospace and Agriculture Implement Workers of America [Union] by reason of their color and race. Each of the ten named plaintiffs had, prior to the filing of the complaint, filed a charge with the Equal Employment Opportunity Commission [EEOC] asserting the facts underlying these claims. Pursuant thereto, the EEOC made a reasonable cause finding that General Motors, Fisher Body Division and Chevrolet Division, and the Union had engaged in unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964. Accordingly, the charging parties were notified by EEOC of their right to institute a civil action in the appropriate federal district court, pursuant to § 706(e) of Title VII, 42 U.S.C. § 2000e-5(e).

In each of the first eight counts of the twelve-count complaint, eight of the ten plaintiffs alleged that General Motors, Chevrolet Division, had engaged in unlawful employment practices' by: “discriminating against Negroes as regards promotions, terms and conditions of employment”; “retaliating against Negro employees who protested actions made unlawful by Title VII of the Act and by discharging some because they protested said unlawful acts”; “failing to hire Negro employees as a class on the basis of race”; “failing to hire females as a class on the basis of sex”; “discharging Negro employees on the basis of race”; and “discriminating against Negroes and females in the granting of relief time.” Each additionally charged that the defendant Union had engaged in unlawful employment practices “with respect to the granting of relief time to Negro and female employees” and “by failing to pursue 6a grievances.” The remaining two plaintiffs made similar allegations against General Motors, Fisher Body Division. All of the individual plaintiffs requested injunctive re[*1332] lief, back pay, attorneys fees and costs. Counts XI and XII of the complaint were class action counts against the two individual divisions of General Motors. They also sought declaratory and injunctive relief, back pay, attorneys fees and costs.

General Motors moved to strike portions of each count of the twelve-count complaint, to dismiss Counts XI and XII, to make portions of Counts I through XII more definite, to determine the propriety of Counts XI and XII as class actions, to limit the scope of the class purportedly represented, and to determine under which section of Rule 23 Counts XI and XII were maintainable as class actions. The district court ordered that “insofar as the first ten counts are concerned, those ten counts shall be severed into ten separate causes of action,” and each plaintiff was directed to bring a separate action based upon his complaint, duly and separately filed. The court also ordered that the class action would not be dismissed, but rather would be left open “to each of the plaintiffs herein, individually or collectively ... to allege a separate cause of action on behalf of any class of persons which such plaintiff or plaintiffs may separately or individually represent.”

In reaching this conclusion on joinder, the district court followed the reasoning of Smith v. North American Rockwell Corp., 50 F.R.D. 515 (N.D.Okla.1970), which, in a somewhat analogous situation, found there was no right to relief arising out of the same transaction, occurrence or series of transactions or occurrences, and that there was no question of law or fact common to all plaintiffs sufficient to sustain joinder under Federal Rule of Civil Procedure 20(a). Similarly, the district court here felt that the plaintiffs’ joint actions against General Motors and the Union presented a variety of issues having little relationship to one another; that they had only one common problem, i. e. the defendant; and that as pleaded the joint actions were completely unmanageable. Upon entering the order, and upon application of the plaintiffs, the district court found that its decision involved a controlling question of law as to which there is a substantial ground for difference of opinion and that any of the parties might make application for appeal under 28 U.S.C. § 1292(b). We granted the application to permit this interlocutory appeal and for the following reasons we affirm in part and reverse in part.

Rule 20(a) of the Federal Rules of Civil Procedure provides:

All persons may join- in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. .

Additionally, Rule 20(b) and Rule 42(b) vest in the district court the discretion to order separate trials or make such other orders as will prevent delay or prejudice. In this manner, the scope of the civil action is made a matter for the discretion of the district court, and a determination on the question of joinder of parties will be reversed on appeal only upon a showing of abuse of that discretion. Chicago, R. I. & P. R. R. v. Williams, 245 F.2d 397, 404 (8th Cir.), cert. denied, 355 U.S. 855, 78 S.Ct. 83, 2 L.Ed.2d 63 (1957). To determine whether the district court’s order was proper herein, we must look to the policy and law that have developed around the operation of Rule 20.

The purpose of the rule is to promote trial convenience and expedite the final determination of disputes, thereby preventing multiple lawsuits. 7 C. Wright, Federal Practice and Procedure § 1652 at 265 (1972). Single trials generally tend to lessen the delay, expense and inconvenience to all concerned. Reflecting this policy, the Supreme Court has said:

Under the Rules, the impulse is toward entertaining the broadest possi[*1333] ble scope of action consistent with fairness to the parties; joinder of claims, parties and remedies is strongly encouraged.

United Mine Workers of America v. Gibbs, 383 U.S. 715, 724, 86 S.Ct. 1130, 1138, 16 L.Ed.2d 218 (1966).

Permissive joinder is not, however, applicable in all cases. The rule imposes two specific requisites to the joinder of parties: (1) a right to relief must be asserted by, or against, each plaintiff or defendant relating to or arising out of the same transaction or occurrence, or series of transactions or occurrences; and (2) some question of law or fact common to all the parties must arise in the action.

In ascertaining whether a particular factual situation constitutes a single transaction or occurrence for purposes of Rule 20, a case by case approach is generally pursued. 7 C. Wright, Federal Practice and Procedure § 1653 at 270 (1972). No hard and fast rules have been established under the rule. However, construction of the terms “transaction or occurrence” as used in the context of Rule 13(a) counterclaims offers some guide to the application of this test. For the purposes of the latter rule,

“Transaction” is a word of flexible meaning. It may comprehend a series of many occurrences, depending not so much upon the immediateness of their connection as upon their logical relationship.

Moore v. New York Cotton Exchange, 270 U.S. 593, 610, 46 S.Ct. 367, 371, 70 L.Ed. 750 (1926). Accordingly, all “logically related” events entitling a person to institute a legal action against another generally are regarded as comprising a transaction or occurrence. 7 C. Wright, Federal Practice and Procedure § 1653 at 270 (1972). The analogous interpretation of the terms as used in Rule 20 would permit all reasonably related claims for relief by or against different parties to be tried in a single proceeding. Absolute identity of all events is unnecessary.

This construction accords with the result reached in United States v. Mississippi, 380 U.S. 128, 85 S.Ct. 808, 13 L.Ed.2d 717 (1965), a suit brought by the United States against the State of Mississippi, the election commissioners, and six voting registrars of the State, charging them with engaging in acts and practices hampering and destroying the right of black citizens of Mississippi to vote. The district court concluded that the complaint improperly attempted to hold the six county registrars jointly liable for what amounted to nothing more than individual torts committed by them separately against separate applicants. In reversing, the Supreme Court said:

But the complaint charged that the registrars had acted and were continuing to act as part of a state-wide system designed to enforce the registration laws in a way that would inevitably deprive colored people of the right to vote solely because of their color. On such an allegation the joinder of all the registrars as defendants in a single suit is authorized by Rule 20(a) of the Federal Rules of Civil Procedure . . . . These registrars were alleged to be carrying on activities which were part of a series of transactions or occurrences the validity of which depended to a large extent upon “question [s] of law or fact common to all of them.”

Id. at 142-143.

Here too, then, the plaintiffs have asserted a right to relief arising out of the same transactions or occurrences. Each of the ten plaintiffs alleged that he had been injured by the same general policy of discrimination on the part of General Motors and the Union. Since a “state-wide system designed to enforce the registration laws in a way that would inevitably deprive colored people of the right to vote” was determined to arise out of the same series of transactions or occurrences, we[*1334] conclude that a company-wide policy purportedly designed to discriminate against blacks in employment similarly arises out of the same series of transactions or occurrences. Thus the plaintiffs meet the first requisite for joinder under Rule 20(a).

The second requisite necessary to sustain a permissive joinder under the rule is that a question of law or fact common to all the parties will arise in the action. The rule does not require that all questions of law and fact raised by the dispute be common. Yet, neither does it establish any qualitative or quantitative test of commonality. For this reason, cases construing the parallel requirement under Federal Rule of Civil Procedure 23(a) provide a helpful framework for construction of the commonality required by Rule 20. In general, those cases that have focused on Rule 23(a)(2) have given it a permissive application so that common questions have been found to exist in a wide range of context. 7 C. Wright, Federal Practice and Procedure § 1763 at 604 (1972). Specifically, with respect to employment discrimination cases under Title VII, courts have found that the discriminatory character of a defendant’s conduct is basic to the class, and the fact that the individual class members may have suffered different effects from the alleged discrimination is immaterial for the purposes of the prerequisite. Hicks v. Crown Zellerbach Corp., 49 F.R.D. 184, 187-188 (E.D.La.1968). See also Washington v. Lee, 263 F.Supp. 327, 330 (M.D.Ala.1966), aff’d per curiam, 390 U.S. 333, 88 S.Ct. 994, 19 L.Ed.2d 1212 (1968); Like v. Carter, 448 F.2d 798, 802 (8th Cir. 1971), cert. denied, 405 U.S. 1045, 92 S.Ct. 1309, 31 L.Ed.2d 588 (1972). In this vein, one court has said:

[Ajlthough the actual effects of a discriminatory policy may thus vary throughout the class, the existence of the discriminatory policy threatens the entire class. And whether the Damoclean threat of a racially discriminatory policy hangs over the racial class is a question of fact common to all the members of the class.

Hall v. Werthan Bag Corp., 251 F.Supp. 184, 186 (M.D.Tenn.1966). See also Johnson v. Georgia Highway Express, Inc., 417 F.2d 1122, 1124 (5th Cir. 1969); Mack v. General Electric Co., 329 F.Supp. 72, 75-76 (E.D.Pa.1971); Bennett v. Gravelle, 323 F.Supp. 203, 219 (D.Md.), aff’d, 451 F.2d 1011 (4th Cir. 1971), cert. denied, 407 U.S. 917, 92 S.Ct. 2451, 32 L.Ed.2d 692 (1972).

The right to relief here depends on the ability to demonstrate that each of the plaintiffs was wronged by racially discriminatory policies on the part of the defendants General Motors and the Union. The discriminatory character of the defendants’ conduct is thus basic to each plaintiff’s recovery. The fact that each plaintiff may have suffered different effects from the alleged discrimination is immaterial for the purposes of determining the common question of law or fact. Thus, we conclude that the second requisite for joinder under Rule 20(a) is also met by the complaint.

For the reasons set forth above, we conclude that the district court abused its discretion in severing the joined actions. The difficulties in ultimately adjudicating damages to the various plaintiffs are not so overwhelming as to require such severance. If appropriate, separate trials may be granted as to any particular issue after the determination of common questions.

The judgment of the district court disallowing joinder of the plaintiffs’ individual actions is reversed and remanded with directions to permit the plaintiffs to proceed jointly. That portion of the district court’s judgment that withholds determination of the propriety of the purported class until further discovery is affirmed. We consider the application of the appellants for attorneys fees on this appeal to be premature, and they will be denied without prejudice to their right to reassert that claim upon final disposition of the case.