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GARDNER v. WESTINGHOUSE BROADCASTING CO.

No. 77-560.

437 U.S. 478 (1978)

98 S.Ct. 2451

57 L.Ed.2d 364

GARDNER v. WESTINGHOUSE BROADCASTING CO.

Supreme Court of United States.

Decided June 21, 1978.

Attorney(s) appearing for the Case

Robert N. Hackett argued the cause and filed a brief for petitioner.

Leonard L. Scheinholtz argued the cause for respondent. With him on the brief were Peter D. Post, Wendell G. Freeland, Richard F. Kronz, and Stuart I. Saltman.

MR. JUSTICE STEVENS delivered the opinion of the Court.

The United States Court of Appeals for the Third Circuit held that the denial of a class certification could not be appealed immediately under 28 U. S. C. § 1292 (a) (1)1 as an order refusing an injunction. 559 F.2d 209. Because there is a conflict among the Circuits on the question whether § 1292...

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