BARNETT

v.

MASSACHUSETTS

Citator

Cited By

• Geraghty v. United States Parole Comm'n & Attorney Gen. of United States & Superintendent Fed. Prison, 579 F.2d 238 (3d Cir. 1978)
  …, but allowing filing of original class action to toll statute of limitations). . As other courts have noted, the failure to certify the class in Jacobs was not assigned as error. Napier v. Gertrude, 542 F. 2d 825, 827 (10th Cir. 1976) cert. denied 429 U.S. 1049, 97 S.Ct. 759, 50 L.Ed.2d 765 (1977); Gardner v. Westinghouse, No. 76-1410, 559 F. 2d 209, at 214 n. 5 (3d Cir. 1977) (Seitz, J„ concurring) aff’d- U.S.---, 98 S.Ct. 2451, 57 L.Ed.2d 364(1978). . We acknowledge that the courts of appeals are divide…
• Citizens Concerned FOR Separation OF Church & State v. The City & Cnty. OF Denver, 628 F.2d 1289 (10th Cir. 1980)
• Clift v. Int'l Union, 818 F.2d 623 (7th Cir. 1987)
  …ez, 811 F. 2d at 1034 n. 1. The district court may have been incorrect when it determined that the class certification question was moot. Compare id.; Glidden, 808 F. 2d at 627; Napier v. Gertrude, 542 F. 2d 825, 827 (10th Cir. 1976), cert. denied, 429 U.S. 1049, 97 S.Ct. 759, 50 L.Ed.2d 765 (1977). But, since that issue has not been properly raised by the plaintiffs on appeal, we will not consider whether we should remand this case for a determination of the merits of the class certification question. Sinc…