IN RE EXTERIOR SIDING AND ALUMINUM COIL ANTITRUST LITIGATION (M.D.L. NO. 454) ALSIDE, INC.; ALCAN ALUMINUM CORPORATION; ALUMINUM COMPANY OF AMERICA; BETHLEHEM STEEL CORPORATION; KAISER ALUMINUM & CHEMICAL CORPORATION; KAISER ALUMINUM & SALES, INC.; MASTIC CORPORATION; REYNOLDS METALS COMPANY; REVERE COPPER & BRASS, INC.; AND UNITED STATES STEEL CORPORATION, PETITIONERS

8th Cir. | 1983-03-28
No. 82-1105
Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON and FAGG, Circuit Judges, en banc., HEANEY, Circuit Judge, with whom BRIGHT, ROSS and JOHN R. GIBSON, Circuit Judges, join, dissenting.
705 F.2d 980 United States Court of Appeals for the Eighth Circuit (1983) Caution
Cited by 84 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The Clerk is directed to file the Supplemental Appendix tendered by Petitioners.

The petition for writ of mandamus. is denied by an equally divided Court.

HEANEY, Circuit Judge, with whom BRIGHT, ROSS and JOHN R. GIBSON, Circuit Judges, join, dissenting.

We would grant the petition for mandamus. The transferee judge not only ignored the prior opinions of the transferor judge in certifying a class, but he certified a class infinitely broader than the one the plaintiffs had last requested be certified by the transferor judge. There is no record support for the broader class certified.


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