Bailey v. Ryan Stevedoring Co., Inc., Civ. A. No. 71-79-B.
Decision Date | 08 July 1986 |
Docket Number | Civ. A. No. 71-79-B. |
Parties | Alton J. BAILEY v. RYAN STEVEDORING COMPANY, INC., et al. |
Court | U.S. District Court — Middle District of Louisiana |
William R. D'Armond, Baton Rouge, La., Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, James C. Lopez, Opelousas, La., for defendants: Rogers Terminal & Shipping Corp., Louisiana Stevedores, Inc., Ramsay Scarlett Co., Inc., and Baton Rouge Marine Contractors, Inc.
C. Paul Barker, New Orleans, La., Robert H. Urann, Mietairie, La., for defendant, Locals 1830 and 1833.
Johnnie A. Jones, Baton Rouge, La., for plaintiff.
George Mathews, Dale, Owen, Richardson, Taylor & Mathews, Baton Rouge, La., for defendant Baton Rouge Marine Contractors, Inc., and Ryan Stevedoring Co., Inc.
Joseph W. Cole, Jr., Port Allen, La., for defendant, Local 1830 of General Longshore Workers, International Longshoremen's Ass'n, AFL-CIO.
This matter is before the court for a determination of whether plaintiff is entitled to attorney's fees as the prevailing party in this action. For reasons which follow, the court finds plaintiff was not the prevailing party herein and, therefore, is not entitled to attorney's fees.
The facts of this case were previously set forth in opinions written by Judge E. Gordon West, 443 F.Supp. 899 (M.D.La.1978), and the Fifth Circuit Court of Appeals, 613 F.2d 588 (5th Cir.1980), and will not be repeated in detail here.1 Alton Bailey filed this suit individually and as a class action claiming the defendants discriminated against him and the class he purported to represent because of his race. Judge West dismissed the class action after 204 of the approximate 230 members of the class objected to Bailey representing the class. The Fifth Circuit affirmed the dismissal of the class action stating:
Both the district court and the Fifth Circuit Court of Appeals also found there had been no discrimination and dismissed plaintiff's suit.
The Fifth Circuit stated:
However, even though the Fifth Circuit found the record totally void of any evidence of discrimination, the appellate court feared a possible future threat of discrimination if there was not a merger between the white and black longshoremen unions. Thus, the case was remanded to the district court in order for the district court to oversee a merger of the unions. Despite objections made by the plaintiff, Alton Bailey,2 the leaders of the black and white unions successfully and in an equitable and constitutional manner merged the two...
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