Greenhouse v. Greco, 74-1563.
| Decision Date | 23 May 1974 |
| Docket Number | No. 74-1563.,74-1563. |
| Citation | 496 F.2d 213 |
| Parties | David GREENHOUSE et al., etc., Plaintiffs-Appellants, v. Most Reverend Charles Pascal GRECO et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Before COLEMAN, DYER and RONEY, Circuit Judges.
Defendants-appellees move to dismiss plaintiffs-appellants' interlocutory appeal from the District Court's denial of the right to maintain the action as a class action. The general rule in this Circuit is that the denial of class action treatment is a non-appealable order. Graci v. United States, 472 F.2d 124 (5th Cir. 1973). Plaintiffs-appellants' portion of the case is still pending before the District Court. The denial of a class action has not sounded the "death knell" of the litigation, Songy v. Coastal Chemical Corp., 469 F.2d 709 (5th Cir. 1972); nor is it an appealable "collateral order", Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The District Court's order is not a final judgment under 28 U.S.C.A. § 1291, Gosa v. Securities Investment Co., 449 F.2d 1330 (5th Cir. 1971); nor is it appealable under 28 U.S.C.A. § 1292(a) (1) as a denial of injunctive relief, Songy v. Coastal Chemical Corp., 469 F.2d 709 (5th Cir. 1972).
It is ordered that appellees' motion to dismiss the appeal, filed in the above styled and numbered cause, is hereby granted.
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Weit v. Continental Illinois Nat. Bank & Trust Co. of Chicago, s. 74-1658
...as the D.C. Circuit said, "an unwarranted expansion of the statutory language (of § 1292(a)(1))." Id., at 369. See also Greenhouse v. Greco, 496 F.2d 213 (5th Cir. 1974); Weight Watchers of Philadelphia, Inc. v. Weight Watchers International, Inc., 455 F.2d 770, 774 (2d Cir. 1972); City of ......
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Williams v. City of New Orleans, La.
...(1964); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 543-47, 69 S.Ct. 1221, 1223-26, 93 L.Ed. 1528 (1949); Greenhouse v. Greco, 5 Cir., 1974, 496 F.2d 213; Gosa v. Securities Investment Co., 5 Cir., 1971, 449 F.2d 1330. Because the defendants have not complied with the provision......
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Greenhouse v. Greco
...was dismissed because the district court's refusal to certify the class was a non-appealable interlocutory order. Greenhouse v. Greco, 496 F.2d 213 (5th Cir. 1974). The plaintiffs subsequently made a motion, by letter, that the action be dismissed as moot. The district court entered an orde......
- Ridley v. McCall, 73-2923.