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GOSA v. SECURITIES INVESTMENT COMPANY

No. 71-2215 Summary Calendar.

449 F.2d 1330 (1971)

John GOSA, for himself and for and on behalf of all persons similarly situated, Plaintiff-Appellant, v. SECURITIES INVESTMENT COMPANY, Long's Siding and Remodeling, Inc., et al., Defendant-Appellees.

United States Court of Appeals, Fifth Circuit.

November 2, 1971.

Attorney(s) appearing for the Case

A. G. Seale, Frank J. Polozola, Seale, Smith, Baine & Phelps, William C. Kaufman, III, Baton Rouge, La., for plaintiff-appellant.

John S. White, Jr., Kennon, White & Odom, Baton Rouge, La., for Securities Inv. Co.

W. M. Stephenson, New Orleans, La., for Long's Siding & Remodeling, Inc.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

Appellant challenges the district court's interim refusal, see Fed.R.Civ.P. 23(c) (1), to permit his suit, which is allegedly based on securities fraud, to proceed as a class action. We have concluded that the district court's ruling is not a final judgment under 28 U.S.C. § 1291 and dismiss for want of jurisdiction.

The question of the appealability of interim trial court rulings on whether...

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