SONGY v. COASTAL CHEMICAL CORPORATION

No. 72-1354.

469 F.2d 709 (1972)

Mr. and Mrs Claude SONGY, Jr., et al., Plaintiffs-Appellants, v. COASTAL CHEMICAL CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 21, 1972.


Attorney(s) appearing for the Case

Sidney M. Bach, New Orleans, La., for plaintiffs-appellants.

R. Gordon Kean, Jr., Baton Rouge, La., for Coastal, Miss. Chemical and First Miss. Corp.

John C. Satterfield, Yazoo City, Miss., Carlos G. Spaht, Gerald L. Walter, Jr., Baton Rouge, La., for CF Industries, Inc.

John C. Combe, Jr., New Orleans, La., Harry C. Strauss, Jackson, Miss., Hollaman M. Raney, Asst. Gen. Counsel, MISCOA, Yazoo City, Miss., for First Mississippi and others.

Before COLEMAN, AINSWORTH and DYER, Circuit Judges.


PER CURIAM:

This appeal challenges the district court's refusal to permit plaintiffs-appellants to proceed as a class under the provisions of Fed.R.Civ.P. 23(c)(1) to recover damages and obtain injunctive relief from air and noise pollution allegedly caused by defendants-appellees industries' chemical manufacturing activities.

We conclude that our jurisdiction cannot be supported under the "death knell" concept, Korn...

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