Hebert v. Monsanto Co.

580 F.2d 178, 18 Fair Empl. Prac. Cas. (BNA) 105, 1978 U.S. App. LEXIS 8958, 17 Empl. Prac. Dec. (CCH) 8633

Opinion

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

Before MORGAN and GEE, Circuit Judges, and KING, District Judge.*

PER CURIAM:

In Hebert v. Monsanto Co., Texas City, Texas, 576 F.2d 77 (5th Cir. 1978), we entertained an appeal brought under 28 U.S.C. § 1292(a)(1) of an interlocutory order denying class action certification. Subsequently, the Supreme Court held that such orders are not appealable. Gardner v. Westinghouse Broadcasting Co.,-U.S.-, 98 S.Ct. 2451, 57 L.Ed.2d 364 (1978). These cases are substantially similar; both present a plaintiff seeking inter alia injunctive relief for himself and an alleged class of victims of employment discrimination. In Gardner, the Court held that § 1292(a)(1) does not grant jurisdiction over an interlocutory appeal from an order dénying class certification. “A holding that such an order falls within § 1292(a)(1) would compromise ‘the integrity of the congressional policy against piecemeal appeals.’ ” -U.S. at-, 98 S.Ct. at 2454. In light of the Court’s ruling, we vacate our opinion and dismiss the appeal for want of jurisdiction.

Dismissed.