Legal Opinion
Gosa v. Securities Investment Co.
Court of Appeals for the Fifth Circuit
Decided November 2, 1971No. 71-2215PublishedCited by 27 opinions
1Per curiam
Appellant challenges the district court’s interim refusal, see Fed.R.Civ.P. 23(c) (1), to permit his suit, which is allegedly based on securities fraud, to proceed as a class action. We have concluded that the district court’s ruling is *1332not a final judgment under 28 U.S.C. § 1291 and dismiss for want of jurisdiction.
The question of the appealability of interim trial court rulings on whether suits are maintainable as class actions is a troublesome one that has not been definitively settled. Such rulings are seemingly interlocutory and thus subject to appeal only after the case has been decided…
2Cases cited3 opinions
- Green v. Wolf Corp.Court of Appeals for the Second Circuit · 1968
- John Caceres D/B/A Caceres Agency v. International Air Transport AssociationCourt of Appeals for the Second Circuit · 1970
- Fed. Sec. L. Rep. P 93,050 Ruth Korn, Individually and as of the Estate of Ben Korn, Deceased, on Behalf of Herself and All Other Purchasers and Holders of Limited Partnership Interests in 63 Wall Associates Similarly Situated v. Franchard Corporation, Defendants-Respondents, and Murray Wechsler, Intervening Madeline Milberg v. Western Pacific Railroad Company, and Dow Jones & Company, Inc., Trading Under the Name of Barron's WeeklyCourt of Appeals for the Second Circuit · 1971
3Cited by27 opinions
- In Re Piper Aircraft Distribution System Antitrust Litigation. Van-S-Aviation Corporation v. Piper Aircraft CorporationCourt of Appeals for the Eighth Circuit · 1977
- Miller v. Mackey International, Inc.Court of Appeals for the Fifth Circuit · 1971
- Miller v. Mackey International, Inc.Court of Appeals for the Fifth Circuit · 1971
- Alice H. Rossin, for Herself and Others Similarly Situated v. Southern Union Gas Company, a CorporationCourt of Appeals for the Tenth Circuit · 1973
- Debra Ott v. Speedwriting Publishing Company and I.T.T. Educational Services Inc.Court of Appeals for the Sixth Circuit · 1975
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