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GAS SERVICE COMPANY v. COBURN

No. 9635.

389 F.2d 831 (1968)

The GAS SERVICE COMPANY, Appellant, v. Otto R. COBURN, on behalf of himself and all others similarly situated, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 26, 1968.

Attorney(s) appearing for the Case

Gerrit H. Wormhoudt, Wichita, Kan. (Robert L. Coleman, Kansas City, Mo., Kirke W. Dale, Arkansas City, Kan., and Paul R. Kitch, Wichita, Kan., were with him on the brief) for appellant.

William V. Crank, Wichita, Kan. (D. Arthur Walker and Richard E. Cook, George B. Collins, Robert Martin, K. W. Pringle, Jr., W. F. Schell, Robert M. Collins, W. L. Oliver, Jr., Tom C. Triplett, Wichita, Kan., Thomas M. Burns and Peter J. Wall, Denver, Colo., were with him on the brief) for appellee.

Before WOODBURY, LEWIS and HICKEY, Circuit Judges.

DAVID T. LEWIS, Circuit Judge.

This is an interlocutory appeal authorized in compliance with 28 U.S.C. § 1292 (b) to allow appellate consideration of an order of the District Court for the District of Kansas denying appellant's (defendant's) motion to dismiss appellee's (plaintiff's) complaint for lack of jurisdiction. The determinative question is whether under Rule 23, Fed.R. Civ.P., as amended in July 1966, aggregation of several and distinct claims is permitted...

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