Opinion

In re Exterior Siding & Aluminum Coil Antitrust Litigation

  • 705 F.2d 980
  • 36 Fed. R. Serv. 2d 132
  • 1983 U.S. App. LEXIS 29348
Court
Court of Appeals for the Eighth Circuit
Filed
Mar 28, 1983
Status
Published
On the bench
Arnold, Bright, Fagg, Gibson, Heaney, Lay, McMillian, Ross
Cited by
4 cases
Authority
More cited than 51.2%

The opinion

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.

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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