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KOHN v. ROYALL, KOEGEL & WELLS

No. 375, Docket 73-2049.

496 F.2d 1094 (1974)

Margaret KOHN, Individually and On Behalf of All Persons Similarly Situated, Plaintiff-Appellee, v. ROYALL, KOEGEL & WELLS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 3, 1974.

Attorney(s) appearing for the Case

Norman Ostrow, New York City, (Rogers & Wells, New York City, on the brief; Caesar L. Pitassy, Paul M. Hopkins, William Haney, III, New York City, of counsel), defendant-appellant pro se.

Harriet Rabb, New York City, (George Cooper, New York City, on the brief), for plaintiff-appellee.

Before KAUFMAN, Chief Judge, CLARK, Associate Justice, and SMITH, Circuit Judge.

IRVING R. KAUFMAN, Chief Judge:

Whether an order granting or denying class action status is an appealable "final" order, 28 U.S.C. § 1291, is a question that has received an inordinate amount of scrutiny by circuit courts,1 and may, we hope, soon be resolved with some measure of certainty by the Supreme Court.2 Although such orders are interlocutory in nature...

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