Opinion

Rogelstad v. Farmers Union Grain Terminal Ass'n

  • 224 N.W.2d 544
Court
North Dakota Supreme Court
Filed
Nov 27, 1974
Status
Published
Author
Johnson
On the bench
Erickstad, Johnson, Knudson, Vogel, Paulson
Cited by
14 cases

allowing appeal from denial of class certification pursuant to statute permitting appeals from orders affecting substantial rights

How later courts described this case

  • allowing appeal from denial of class certification pursuant to statute permitting appeals from orders affecting substantial rights

Written by the judges who cited it.

The opinion

JOHNSON, Judge

(specially concurring).

I concur in the essential analysis and the result reached in the majority opinion. As a point of clarification, I would present my further interpretation of the holding in this matter. The holding here determines, in effect, that an order denying class action status is an appealable order. The analysis *549 made requires such an interpretation under our statute. There is no necessity to apply to individual cases any of the varying standards which the federal courts have adopted to determine appealability.

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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