McCLAIN v. LUFKIN INDUSTRIES, INC.

No. 10-40036.

649 F.3d 374 (2011)

Sylvester McCLAIN, on his own behalf and on behalf of a class of similarly situated persons; Buford Thomas, on his own behalf and on behalf of a class of similarly situated persons; Patrick Ross, on his own behalf and on behalf of a class of similarly situated persons; Mary Thomas, on her own behalf and on behalf of a class of similarly situated persons; Eddie K. Mask, on his own behalf and on behalf of a class of similarly situated persons; Leroy Garner, on his own behalf and on behalf of a class of similarly situated persons; Sherry Calloway Swint, on her own behalf and on behalf of a class of similarly situated persons; Walter Butler, on his own behalf and on behalf of a class of similarly situated persons also known as "A"; Florine Thompson, on her own behalf and on behalf of a class of similarly situated persons; Clarence Owens, on his own behalf and on behalf of a class of similarly situated persons also known as "C"; Clifford R. Duirden, on his own behalf and on behalf of a class of similarly situated persons; Earl Potts, on his own behalf and on behalf of a class of similarly situated persons; Roald Mark, on his own behalf and on behalf of a class of similarly situated persons; Plaintiff Class; All Plaintiffs, Plaintiffs-Appellants Cross-Appellees, v. LUFKIN INDUSTRIES, INC., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

August 8, 2011.


Attorney(s) appearing for the Case

Teresa F. Demchak , Morris J. Baller , Goldstein, Demchak, Baller, Borgen & Dardarian, Oakland, CA, Timothy Borne Garrigan , Stuckey, Garrigan & Castetter Law Offices, Nacogdoches, TX, Samuel Issacharoff (argued), New York University School of Law, New York City, for Plaintiffs-Appellants Cross-Appellees.

Douglas Howard Hamel (argued), Christopher Velle Bacon , Vinson & Elkins, L.L.P., Houston, TX, for Defendant-Appellee Cross-Appellant.

Before JONES, Chief Judge, and DENNIS and CLEMENT, Circuit Judges.


EDITH H. JONES, Chief Judge:

After multiple appeals to this court1 and extensive trial and other proceedings, plaintiffs' Title VII class action for employment discrimination against Lufkin Industries, Inc. culminated in a favorable multimillion dollar judgment and injunctive relief. Before this court—in the final possible dispute—are challenges by both parties to the district court's attorneys' fee award and Lufkin's complaint...

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