Legal Opinion
Jo-Ann Evans GARDNER, Appellant, v. WESTINGHOUSE BROADCASTING COMPANY
Court of Appeals for the Third Circuit
Decided July 22, 1977No. 76-1410PublishedCited by 40 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
The question is whether a denial of a class certification can be immediately appealed under 28 U.S.C. § 1292(a)(1)1 on the theory that the denial amounts to the denial of an injunction. The circuits are divided on the question. Although the theory of § 1292(a)(1) appealability has been mentioned in dictum in several opinions in this circuit, especially Hackett v. General Host Corp., 455 F.2d 618 (3d Cir. 1972), we have never applied it to permit such an appeal, nor have we ever directly adjudicated its validity. Upon consideration, we believe that…
2Cases cited19 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Reuben J. Katz, on Behalf of Himself and All Others Similarly Situated v. Carte Blanche CorporationCourt of Appeals for the Third Circuit · 1974
- Baltimore Contractors, Inc. v. BodingerSupreme Court of the United States · 1955
- Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.Supreme Court of the United States · 1966
- Dickinson v. Petroleum Conversion Corp.Supreme Court of the United States · 1950
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3Cited by40 opinions
- Zepeda v. United States Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1983
- In Re Fine Paper Antitrust Litigation. (Ten Cases) the State of Alaska, on Its Own Behalf and on Behalf of Its Cities, Boroughs, and Other Political Subdivisions v. Boise Cascade Corporation, a Delaware Corporation Champion International Corporation, a New York Corporation Crown Zellerbach Corporation, a Nevada Corporation Great Northern Nekoosa Corporation, a Maine Corporation Hammermill Paper Company, a Pennsylvania Corporation International Paper Company, a New York Corporation Kimberly Clark Corporation, a Delaware Corporation the Mead Corporation, an Ohio Corporation Potlatch Corporation, a Delaware Corporation Scott Paper Company, a Pennsylvania Corporation St. Regis Paper Company, a New York Corporation Union Camp Corporation, a Virginia Corporation Wausau Paper Mills Co., a Wisconsin Corporation Westvaco Corporation, a Delaware Corporation Weyerhaeuser Company, a Washington Corporation Blake, Moffitt & Towne, Inc., a Division of Saxon Industries, Inc., a New York Corporation Western Paper Company, a Division of Hammermill Paper Company, a Pennsylvania Corporation and Zellerbach Paper Company, a Division of Crown Zellerbach Corporation, a Nevada Corporation. Appeal of State of Alaska, in No. 81-2341. State of Colorado v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, D/B/A Zellerbach Paper Company, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Weyerhaeuser Company, Butler Paper Company and Dixon Paper Company. Appeal of State of Colorado, in No. 81-2342. State of Washington, on Behalf of Itself and Its Public Entities v. Boise Cascade Corp., Champion International Corporation, Hammermill Paper Company, International Paper Company, Potlatch, Inc., Scott Paper Company, St. Regis Paper Company, Weyerhaeuser Company, Blake, Moffitt & Towne, Inc., a Division of Saxon Industries, Inc., Carpenter-Offutt Paper Company, Inc. A Division of Unisource Corp., Zellerbach Paper Company, a Division of Crown Zellerbach Corporation. Appeal of State of Washington, in No. 81-2343. State of Missouri v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Weyerhaeuser Company Corporation, Butler Paper Company, Graham Paper Company, Bermingham & Prosser Company, Distribix, Inc. Paper Supply Company, and Shaughnessy-Kniep-Hawe Paper Company. Appeal of State of Missouri, in No. 81-2344. The State of Oregon, on Its Own Behalf and on Behalf of Its Cities, Counties, and Other Political Subdivisions v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Weyerhaeuser Company, Blake, Moffitt & Towne, Division of Saxon Industries, Inc., Carpenter-Offutt Paper Company, Division of Unisource Corporation, Western Paper Company, Division of Hammermill Paper Company, and Zellerbach Paper Company, Division of Crown Zellerbach Corporation. Appeal of State of Oregon, in No. 81-2345. The State of California, on Behalf of Itself and All Political Subdivisions, Public Agencies and Districts Within the State Similarly Situated v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Weyerhaeuser Company, Butler Paper Company, an Affiliate of Great Northern Nekoosa Corp., J. C. Paper Company, an Affiliate of Wausau Paper Mills Co., Nationwide Papers, Incorporated, a Division of Champion International Corp., Seaboard Paper Company, an Affiliate of Mead Corp., Zellerbach Paper Company, a Division of Crown Zellerbach Corp., Blake, Moffitt & Towne, a Division of Saxon Industries, Inc., Carpenter-Offutt Paper Company, a Division of Unisource Corp., Ingram Paper Company and Noland Paper Company (Carpenter/offutt Paper Co.). Appeal of State of California, in No. 81-2346. Nebraska, State of v. Boise Cascade Corporation, Champion International Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Co., Westvaco Corporation, Weyerhaeuser Company, Crown Zellerbach Corporation, Kimberly Clark and Western Paper Co., a Division of Hammermill Paper Company. Appeal of State of Nebraska, in No. 81-2347. State of Iowa, by Its Attorney General, Richard C. Turner v. Boise Cascade Corp. Champion International Corporation the Mead Corporation Great Northern Nekoosa Corporation Hammermill Paper Company International Paper Company Potlatch Corporation Scott Paper Company St. Regis Paper Company Union Camp Corporation Wausau Paper Mills Co. Westvaco Corp. And Weyerhaeuser Company. Appeal of State of Iowa, in No. 81-2348. Montana, State of v. Boise Cascade Corp. Champion International Corp. Great Northern Nekoosa Corp. Hammermill Paper Co. International Paper Co. Mead Corp. The Potlatch Corp. Scott Paper Co. St. Regis Paper Co. Union Camp Corp. Wausau Paper Mills Co. Westvaco Corp. Weyerhaeuser Co. Crown Zellerbach Corp. And Kimberly Clark. Appeal of State of Montana, in No. 81-2349. State of Arkansas v. Boise Cascade Corporation, Champion International Corporation, Crown Zellerbach Corporation, Great Northern Nekoosa Corporation, Hammermill Paper Company, International Paper Company, Kimberly Clark Corporation, the Mead Corporation, Potlatch Corporation, Scott Paper Company, St. Regis Paper Company, Union Camp Corporation, Wausau Paper Mills Company, Westvaco Corporation, Western Paper Company, Graham Paper Company. Appeal of State of Arkansas, in No. 81-2350Court of Appeals for the Third Circuit · 1982
- Gardner v. Westinghouse Broadcasting Co.Supreme Court of the United States · 1978
- Virginia Zepeda v. United States Immigration And Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1985
- Fassett v. Delta Kappa EpsilonCourt of Appeals for the Third Circuit · 1986
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