Huff v. N.D. Cass Company of Alabama Motion for Leave to File Brief Amicus Curiae and Participate in Oral Argument Upon Rehearing En Banc
Public Court Documents
August 7, 1972

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Brief Collection, LDF Court Filings. Huff v. N.D. Cass Company of Alabama Motion for Leave to File Brief Amicus Curiae and Participate in Oral Argument Upon Rehearing En Banc, 1972. ba289191-b89a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/56cfd473-8c6a-4c36-b318-4ac902a8c3c4/huff-v-nd-cass-company-of-alabama-motion-for-leave-to-file-brief-amicus-curiae-and-participate-in-oral-argument-upon-rehearing-en-banc. Accessed July 30, 2025.
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT NO. 71-2842 BRISCO HUFF, on behalf of himself and others similarly situated, P1a intiff-Appe11a nt, - vs - K. D. CASS COMPANY OF ALABAMA, De f enda nt - Appe 11 e e.. MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE AND TO PARTICIPATE IN ORAL ARGUMENT- UPON REHEARING EN BANC._____ Movant NAACP Legal Defense and Educational Fund, Inc. hereby respectfully moves the Court to grant it leave to part icipate amicus curiae 'in support of the position of the appellant in the en banc rehearing of the above-styled appeal both by allowing submission of movant's brief and permitting movant to appear at oral argument. In support of its request, movant gives the following reasons, which also set forth its interest. 1. On July 18, 1972 the Court granted appellant's petition for rehearing en banc to review the panel decision of April 24, 1972 in the above-styled matter, and directed the Clerk to schedule supplemental briefing and oral argument. 2. The principal question presented by the rehearing of this matter is the standard by which the representativity requirement: of Rule 23(a) (4), Fed. R. Civ. P. is to be applied in class actions brought pursuant to Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. §§2000e ct seg> 3. Movant organization, a New York non-profit corpora- tion, is dedicated to the vindication of the legal rights of Black persons and other minority group members through the processes of law. Pursuant to this commitment, attorneys employed or supported by movant have filed in excess of 100 class j actions under Title VII, the majority of which have been within the jurisdiction of this Court, on behalf of clients claiming race, sex, or national origin discrimination in employment. This program of litigation is crucially affected by the Huff matter. I4. Attorneys for movant have briefed and argued three Icases before this Court, the outcome of which will probably depend on the disposition of the Huff matter. Those cases are: Martin v. Thompson Tractor Co., No. 71-2957 , Smith v. Delta Air Lines, No. 71- 3197, and Bradley v. Southern Pacific Oo., No. 71-3521 . All three were argued on May 16, 1972 before a panel consisting of Judges Tuttle, Morgan, and Roney, and are presently under submission. Both Martin and Smith are controlled by Huff; and the outcome of Bradley could well be affected by the Huff holding. 5. Since the panel decision in Huff was handed down, attorneys for movant have encountered defenses based squarely on Huff in over a dozen district court Title VII cases in this Circuit. Movant's attorneys believe that Huff questions will arise routinely in many or most of their pending cases until the matter is finally decided en banc. 6. As Judge Thornberry's dissenting opinion indicates, the panel decision in Huff is a de-facto overturning of this Court's landmark decision in Johnson v. Georgia Highway Express, Inc., 417 F .2d 1122 (5th Cir. 1969). Movant also litigated that case, which is now the procedural keystone of movant's program of advancing Title VII law and enforcing Title VII rights through out this Circuit and the country. - ■? - 7. Movant will abide by the schedule set by the Clerk for the parties, so that movant's participation amicus curiae will not delay the hearing and disposition of this matter. WHEREFORE, based on the foregoing statement of movant's strong and immediate interest in the dispostion of the en banc rehearing in Huff v. Cass Co., movant respectfully prays the Court to grant it leave to submit a brief amicus curiae in support of appellant's position and to participate in oral argument. Respectfully submitted, JACK GREENBERG */ WILLIAM L. ROBINSON MORRIS J. BALLER DAVID CASHDAN 10 Columbus Circle 1910 N Street, N.W. *' Suite 2030Washington, D.C. 20036 New York, New York 10019 Of Counsel Attorneys for Movant NAACP Legal Defense and Educational Fund, Inc CERTIFICATE OF SERVICE The undersigned certifies that on the ( day of August, 1972 he served copies of the foregoing Motion for Leave to Participate Amicus Curiae upon counsel of record for the parties, as listed below, by mailing same, first class postage prepaid. U. W. Clemen, Esq.,7th Floor, Masonic Temple Building 1630 Fourth Avenue North Birmingham, Alabama 35203 Perry Hubbard, Esq. P. O. Box 2427 Tuscaloosa, Alabama Charles L. Reischel, Esq.Equal Employment Opportunity Commission 1800 G Street, N.W. Washington, D.C. 20506 Attorney for Plaintiff-Appellant J