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COOPERS & LYBRAND v. LIVESAY

No. 76-1836.

437 U.S. 463 (1978)

COOPERS & LYBRAND v. LIVESAY ET AL.

Supreme Court of United States.

Decided June 21, 1978.

Attorney(s) appearing for the Case

Thomas C. Walsh argued the cause for petitioner. With him on the briefs were Veryl L. Riddle, John J. Hennelly, Jr., and Harris J. Amhowitz.

Melvyn I. Weiss argued the cause for respondents. With him on the brief were Lawrence Milberg, Jared Specthrie, and Richard L. Ross.

MR. JUSTICE STEVENS delivered the opinion of the Court.

The question in this case is whether a district court's determination that an action may not be maintained as a class action pursuant to Fed. Rule Civ. Proc. 23 is a "final decision" within the meaning of 28 U. S. C. § 12911 and therefore appealable as a matter of right. Because there is a conflict in the Circuits over this issue,

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