U.S. Court of Appeals for the Fourth Circuit, 2000

Lang v. Nordstrom, Inc

Lang v. Nordstrom, Inc
U.S. Court of Appeals for the Fourth Circuit · Decided August 9, 2000

Lang v. Nordstrom, Inc

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT STEVEN E. LANG, on behalf of himself and others similarly situated, Plaintiff-Appellant, No. 00-1236 v. NORDSTROM, INCORPORATED, Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria.

Claude M. Hilton, Chief District Judge. (CA-99-1175-A) Submitted: July 25, 2000 Decided: August 9, 2000 Before WILKINS, MOTZ, and KING, Circuit Judges. _________________________________________________________________ Affirmed in part, vacated in part, and remanded by unpublished per curiam opinion. _________________________________________________________________ COUNSEL Steven E. Lang, Appellant Pro Se. Stephen William Robinson, MCGUIRE, WOODS, BATTLE & BOOTHE, L.L.P., McLean, Vir- ginia, for Appellee. _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). _________________________________________________________________ OPINION PER CURIAM: Steven E. Lang appeals from the district court's order dismissing with prejudice Lang's action under the Fair Labor Standards Act, 29 U.S.C.A. §§ 201-219 (West 1998 & Supp. 2000). We find that the district court properly dismissed Lang's action to the extent that he sought to bring a class action because, as a pro se litigant, Lang was not an appropriate class representative. See Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975). To the extent that the district court's order dismissed Lang's individual claims, we vacate the order and remand to allow Lang to pursue his individual claims. We dispense with oral argument because the facts and legal contentions are ade- quately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED IN PART, VACATED IN PART, AND REMANDED

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