Marilyn Moitie, Individually, and on Behalf of Others Similarly Situated v. Federated Department Stores, Inc., D/B/A I. Magnin & Co. And Bullock's Northern California Saks & Company D/B/A Saks Fifth Avenue and Does I Through Xx, Floyd R. Brown, Individually, and on Behalf of Others Similarly Situated v. Federated Department Stores, Inc., D/B/A I. Magnin & Co. And Bullock's Saks & Company D/B/A Saks Fifth Avenue and Does I Through Xx

611 F.2d 1267

1980-1 Trade Cases 63,141

Marilyn MOITIE, Individually, and on behalf of others

similarly situated, Appellants,

v.

FEDERATED DEPARTMENT STORES, INC., d/b/a I. Magnin & Co. and

Bullock's Northern California; Saks & Company

d/b/a Saks Fifth Avenue; and Does I

through XX, Appellees.

Floyd R. BROWN, Individually, and on behalf of others

similarly situated, Appellants,

v.

FEDERATED DEPARTMENT STORES, INC., d/b/a I. Magnin & Co. and

Bullock's; Saks & Company d/b/a Saks Fifth Avenue;

and Does I through XX, Appellees.

No. 77-3101.

United States Court of Appeals,

Ninth Circuit.

Jan. 15, 1980.

Jerrold N.…