FEDERAL PRACTICE - CLASS SUITS - COMMUNITY OF INTEREST UNDER FEDERAL EQUITY RULE 38

Authors

Abstract

Plaintiff filed suit in a federal court, sitting in equity, in behalf of himself and others, to enjoin the collection of an illegal tax imposed by North Carolina upon peddlers of foreign fruit within that state. He alleged that 400 others were similarly situated and that over 100 of them had contributed to the expense of the litigation. Held, the individual legal remedy available under state statute was inadequate in view of the multiplicity of suits it necessitated, and the plaintiff was entitled under Federal Equity Rule 38 (post) to bring a class suit to enjoin the collection of the tax. Injunction granted. Gramling v. Maxwell (D. C. N. C. 1931) 52 F.(2d) 256.

Recommended Citation

FEDERAL PRACTICE - CLASS SUITS - COMMUNITY OF INTEREST UNDER FEDERAL EQUITY RULE 38, 30 Mich. L. Rev. 624 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss4/19