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INMATES OF SAN DIEGO COUNTY JAIL, ETC. v. DUFFY

Nos. 75-1851, 75-1854.

528 F.2d 954 (1975)

INMATES OF SAN DIEGO COUNTY JAIL IN CELL BLOCK 3B and Jason Elliot Roman III, et al., Plaintiffs-Appellants, v. John DUFFY et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 10, 1975.

Attorney(s) appearing for the Case

Lewis A. Wenzell (argued), Federal Defenders, San Diego, Cal., for plaintiffs-appellants.

A. Anthony Albers, Deputy Counsel (argued), Office of County Counsel, Jerry J. Williams (argued), Brundage, Williams & Zellmann, San Diego, Cal., for defendants-appellees.

Before ELY and WRIGHT, Circuit Judges, and EAST, Senior District Judge.

OPINION

PER CURIAM:

The plaintiffs appeal from two orders of the District Court. The first denied a motion for preliminary injunctive relief. The second denied the certification of the cause as a class action under the appropriate provisions of Fed.R.Civ.P. 23.

For the reasons later stated, we conclude that this court has jurisdiction to review each of the orders. We vacate each of them and remand the cause.

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