David Greenhouse, Etc. v. Most Reverend Charles Pascal Greco

Fifth Circuit

David Greenhouse, Etc. v. Most Reverend Charles Pascal Greco

496 F.2d 213

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 23, 1974

Docket74-1563

StatusPublished

Cited by11 cases

This text of 496 F.2d 213 (David Greenhouse, Etc. v. Most Reverend Charles Pascal Greco) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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David Greenhouse, Etc. v. Most Reverend Charles Pascal Greco, 496 F.2d 213 (5th Cir. 1974).

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Opinion

BY THE COURT:

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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BY THE COURT:

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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496 F.2d 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-greenhouse-etc-v-most-reverend-charles-pascal-greco-ca5-1974.

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