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LA MAR v. H & B NOVELTY & LOAN COMPANY

Nos. 72-1485, 73-1271.

489 F.2d 461 (1973)

Robert LA MAR et al., Appellee, v. H & B NOVELTY & LOAN COMPANY et al., Appellant. Ronald J. KINSLING et al., Appellant, v. ALLEGHENY AIRLINES et al., Appellee.

United States Court of Appeals, Ninth Circuit.

December 7, 1973.

Attorney(s) appearing for the Case

Norman T. Ollestad and Alan L. Freedman (argued), of Ollestad & Freedman, Los Angeles, Cal., for appellants.

L. A. Aschenbrenner and Charles J. Merten, Don H. Marmaduke & Noreen K. Saltveit, of Marmaduke, Aschenbrenner, Merten & Saltveit, Portland, Or., Henry C. Thumann, Patrick Lynch, James V. Selna (argued), of O'Melveny & Myers, Los Angeles, Cal., for appellees.

Before ELY and SNEED, Circuit Judges, and SWEIGERT, District Judge.

SNEED, Circuit Judge:

The common issue of these cases is whether a plaintiff having a cause of action against a single defendant can institute a class action against the single defendant and an unrelated group of defendants who have engaged in conduct closely similar to that of the single defendant on behalf of all those injured by all the defendants sought to be included in the defendant class. We hold that he cannot. Under proper circumstances, the plaintiff...

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