Opinion

Dorothy M. Ezell v. Mobile Housing Board

  • 585 F.2d 1326
Court
Court of Appeals for the Fifth Circuit
Filed
Nov 28, 1978
Status
Published
On the bench
Thornberry, Godbold, Rubin
Cited by
0 cases
Authority
More cited than 14.1%

The opinion

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 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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