DOROTHY M. EZELL ET AL., PETITIONERS,
v.
MOBILE HOUSING BOARD ET AL., RESPONDENTS
DOROTHY M. EZELL ET AL., PETITIONERS,
MOBILE HOUSING BOARD ET AL., RESPONDENTS
585 F.2d 1326
Court of Appeals for the Fifth Circuit (1978)
Cited by 1 case
Opinion of the Court
BY THE COURT:
IT IS ORDERED that leave to appeal from the interlocutory order of the United States District Court for the Southern District of Alabama entered on February 22, 1978, is DENIED. Because the district court has held an appropriate hearing on the issue of class certification, an appeal from the decertification order may ultimately be appropriate even if the individual representatives’ claims are subsequently mooted, see Satterwhite v. City of Greenville (CA5, 1978), 578 F. 2d 987, 995-996, as well as dissenting opinion of Judge Godbold, 578 F. 2d at 999; Geraghty v.
U. S. Parole Commission, 579 F. 2d 238 (CA3, 1978), and Knable v. Wilson, 570 F. 2d 957 (D.C.Cir., 1977); an interlocutory appeal is not allowable of right, Coopers & Lybrand v. Livesay,-U.S.-, 98 S.Ct. 2454, 57 L.Ed.2d 351 (1978), and there has been no § 1292(b) certification. See discussion in Coopers & Lybrand, supra, 98 S.Ct. at 2461.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
James v. River Parishes Co., Inc., 686 F.2d 1129 (5th Cir. 1982)
Authorities Cited
- Coopers & Lybrand v. Livesay, 437 U.S. 463 (U.S. 1978)
- Geraghty v. United States Parole Comm'n & Attorney Gen. of United States & Superintendent Fed. Prison, 579 F.2d 238 (3d Cir. 1978)
- Minda Satterwhite v. City OF Greenville, 578 F.2d 987 (5th Cir. 1978)
- In re Knable v. Wilson, 570 F.2d 957 (D.C. Cir. 1977)