Diana Nagy, 18 West Wentworth Court, Minneapolis, Minnesota 55419, on Behalf of Herself & All Others Similarly Situated, & Equal Emp. Opportunity Comm'n, & Marjorie Doss & Kathy Schuster v. Jostens, Inc., 5501 Norman Ctr. Drive, Minneapolis, Minnesota 55437, Robert Wueste, Individually & in His Capacity as Vice President of Jostens, Inc., & George Kremer, Individually & in His Capacity as Produce Manager for Jostens, Inc. Diana Nagy, 18 West Wentworth Court, Minneapolis, Minnesota 55419, on Behalf of Herself & All Others Similarly Situated, & Equal Emp. Opportunity Comm'n, & Marjorie Doss & Kathy Schuster v. Jostens, Inc., 5501 Norman Ctr. Drive, Minneapolis, Minnesota 55437, Robert Wueste, Individually & in His Capacity as Vice President of Jostens, Inc., & George Kremer, Individually & in His Capacity as Prod. Manager for Jostens, Inc, 787 F.2d 446 (8th Cir. 1986). · Go Syfert
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Diana Nagy, 18 West Wentworth Court, Minneapolis, Minnesota 55419, on Behalf of Herself & All Others Similarly Situated, & Equal Emp. Opportunity Comm'n, & Marjorie Doss & Kathy Schuster v. Jostens, Inc., 5501 Norman Ctr. Drive, Minneapolis, Minnesota 55437, Robert Wueste, Individually & in His Capacity as Vice President of Jostens, Inc., & George Kremer, Individually & in His Capacity as Produce Manager for Jostens, Inc. Diana Nagy, 18 West Wentworth Court, Minneapolis, Minnesota 55419, on Behalf of Herself & All Others Similarly Situated, & Equal Emp. Opportunity Comm'n, & Marjorie Doss & Kathy Schuster v. Jostens, Inc., 5501 Norman Ctr. Drive, Minneapolis, Minnesota 55437, Robert Wueste, Individually & in His Capacity as Vice President of Jostens, Inc., & George Kremer, Individually & in His Capacity as Prod. Manager for Jostens, Inc, 787 F.2d 446 (8th Cir. 1986). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Strongest positive: Arlene B. Singer v. Shannon & Luchs Company (cadc, 1989-03-03)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Arlene B. Singer v. Shannon & Luchs Company
D.C. Cir. · 1989 · confidence medium
See, e.g., Sun Ship, Inc. v. Matson Navigation Co., 785 F.2d 59, 64 (3rd Cir.1986); District No. 8, Int’l Ass’n of Machinists & Aerospace Workers v. Clearing, 807 F.2d 618, 623 (7th Cir.1986); Nagy v. Jostens, Inc., 787 F.2d 446, 447 (8th Cir.1986); Hewitt v. City of Stanton, 798 F.2d 1230, 1233 (9th Cir.1986); Triola v. Department of Transportation, 769 F.2d 760, 762 (Fed.Cir.1985) (citing Moir v. Department of Treasury, 754 F.2d 341 (Fed.Cir.1985), a Rule 38 case).
Retrieving the full opinion text from the archive…
Diana Nagy, 18 West Wentworth Court, Minneapolis, Minnesota 55419, on Behalf of Herself and All Others Similarly Situated, and Equal Employment Opportunity Commission, and Marjorie Doss and Kathy Schuster
v.
Jostens, Inc., 5501 Norman Center Drive, Minneapolis, Minnesota 55437, Robert Wueste, Individually and in His Capacity as Vice President of Jostens, Inc., and George Kremer, Individually and in His Capacity as Produce Manager for Jostens, Inc. Diana Nagy, 18 West Wentworth Court, Minneapolis, Minnesota 55419, on Behalf of Herself and All Others Similarly Situated, and Equal Employment Opportunity Commission, and Marjorie Doss and Kathy Schuster v. Jostens, Inc., 5501 Norman Center Drive, Minneapolis, Minnesota 55437, Robert Wueste, Individually and in His Capacity as Vice President of Jostens, Inc., and George Kremer, Individually and in His Capacity as Product Manager for Jostens, Inc
85-5237.
Court of Appeals for the Eighth Circuit.
Mar 31, 1986.
787 F.2d 446
Published

787 F.2d 446

40 Empl. Prac. Dec. P 36,145

Diana NAGY, 18 West Wentworth Court, Minneapolis, Minnesota
55419, on behalf of herself and all others
similarly situated, Appellees,
and
Equal Employment Opportunity Commission,
and
Marjorie Doss and Kathy Schuster,
v.
JOSTENS, INC., 5501 Norman Center Drive, Minneapolis,
Minnesota 55437, Appellant.
Robert Wueste, individually and in his capacity as Vice
President of Jostens, Inc., and George Kremer,
individually and in his capacity as
produce manager for Jostens, Inc.
Diana NAGY, 18 West Wentworth Court, Minneapolis, Minnesota
55419, on behalf of herself and all others
similarly situated, Appellants,
and
Equal Employment Opportunity Commission,
and
Marjorie Doss and Kathy Schuster,
v.
JOSTENS, INC., 5501 Norman Center Drive, Minneapolis,
Minnesota 55437, Appellee.
Robert Wueste, individually and in his capacity as Vice
President of Jostens, Inc., and George Kremer,
individually and in his capacity as
product manager for Jostens, Inc.

Nos. 85-5237, 85-5266.

United States Court of Appeals,
Eighth Circuit.

Submitted March 11, 1986.
Decided March 31, 1986.

Thomas P. Kane, St. Paul, Minn., for appellant.

Kathleen M. Graham of Minneapolis, Minn., for appellee.

Before HEANEY and FAGG, Circuit Judges, and WOODS,[*] District judge.

PER CURIAM.

1

Jostens, Inc., (Jostens) appeals from an order of the United States District Court for the District of Minnesota, denying Jostens' motion for injunctive relief.

2

On December 16, 1977, Diana Nagy filed a class action complaint charging Jostens with sex discrimination, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq., as amended, and 42 U.S.C. Sec. 1985(3). On May 16, 1984, the parties signed a Settlement Agreement which required Jostens to pay $1.2 million in damages and $1 million in attorneys' fees. The parties expressly agreed that Jostens had made no admission of liability. The district court held a fairness hearing, at which no objections to the settlement were made. On September 24, 1984, the district court filed an order approving the Settlement Agreement and dismissing the action. On December 17, 1984, it issued an order declaring that the action had been fully and fairly compromised and settled, and dissolving all orders of the court relating to the action.

3

Thereafter, Pepin, Dayton, Herman, Graham & Getts, class counsel, donated $200,000 to the Minneapolis Foundation[1] to create a fund to provide resources for enhancing the educational and vocational opportunities of working women. Although class counsel intended the fund to benefit the Nagy v. Jostens, Inc., class members, no class member was to receive direct payments, and non-class members were eligible for benefits. There is no evidence of, nor do the appellants suggest that there were, any pre-settlement discussions or agreements between class members and class counsel regarding this or any other donation that might benefit all or some class members.

4

On April 25, 1985, Jostens brought a motion before the district court asking the court to order compliance with the terms of the Settlement Agreement. It felt that the $200,000 should be distributed in accordance with the Settlement Agreement formula which was used earlier in the calculation of the class-member settlement amounts. It also requested an award of the expenses and attorneys' fees incurred in bringing the motion. On June 6, 1985, the district court summarily denied injunctive relief. Jostens appeals from this order, raising substantially the same issues. The plaintiffs cross-appeal for costs and attorneys' fees.

5

We find that there has been neither a breach in the letter or spirit of the settlement agreement, nor any unethical conduct or collusion. Accordingly, we affirm. See 8th Cir.R. 12(a). Additionally, because we find that this appeal is frivolous, we award to the appellees attorneys' fees for the appeal in the amount of $2,500. See Fed.R.App.P. 38; 8th Cir.R. 17.

*

The Honorable HENRY WOODS, United States District Judge for the Eastern District of Arkansas, sitting by designation

1

The Minneapolis Foundation, a Minnesota nonprofit corporation, is operated for charitable purposes, and currently has a fund balance of approximately $36 million. Affidavit of Marion G. Etzwiler at 1