Carefree David Travel Co. v. Industrial Waste Service, Inc.
Opinion of the Court
Cumberland Farms, Inc. (Cumberland) appeals a district court
We conclude that we have jurisdiction over this appeal
*495 ORDERED AND ADJUDGED that the motion to amend is DENIED. In so ruling, the Court notes that its approval of the settlement, as set forth in the Final Judgment and Order of Dismissal, extended only to the claims of settlement class members arising out of or relating to the alleged conspiracy in the South Florida (Dade and Broward Counties) area during the class period. See Final Judgment and Order of Dismissal at par. 2, 3 (August 18, 1988).
Further, the Notice of Pendency of Class Action With Respect To Waste Disposal Service And Settlement With Respect Thereto adequately identified the plaintiff class and advised it of the proposed settlement:
All persons and entities that have purchased waste disposal service in the South Florida area directly from one or more of the defendants at any time during the period from January 1, 1976 through December 31, 1985, excluding (i) defendants, their subsidiaries and affiliates, and (ii) any unit, department or agency of the United States government, the State of Florida, or its respective counties.
As used in the class definition, “South Florida area” means Dade and Broward Counties. “Waste disposal service” means “the business of providing storage, collection, hauling, processing and dumping of waste commercial, industrial, institutional, and residential customers.”
We determine that the district court’s order of approval comports with this notice; thus, the district court did not abuse its discretion or commit any error of law in refusing to amend the judgment.
AFFIRMED.
. The Honorable James W. Kehoe, United States District Judge for the Southern District of Florida.
. Accordingly, we reject Plaintiffs-Appellees’ motion to dismiss the appeal.
Reference
- Full Case Name
- In re SOUTHERN FLORIDA WASTE DISPOSAL ANTITRUST LITIGATION. CAREFREE DAVID TRAVEL COMPANY, INC., On Behalf of Itself and All Others Similarly Situated v. INDUSTRIAL WASTE SERVICE, INC., Defendants-Appellees CORN CONSTRUCTION CORP., on Behalf of Itself and All Others Similarly Situated, Cumberland Farms, Inc. v. INDUSTRIAL WASTE SERVICE, INC., Defendants-Appellees Max CHIRA v. INDUSTRIAL WASTE SERVICE, INC., Defendants-Appellees Marius PAQUET v. INDUSTRIAL WASTE SERVICE, INC.
- Cited By
- 1 case
- Status
- Published