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HOOLEY v. RED CARPET CORP. OF AMERICA

Nos. 75-2269 and 75-3373.

549 F.2d 643 (1977)

John E. and Darlene K. HOOLEY, husband and wife, and all others similarly situated, Plaintiffs-Appellants, v. RED CARPET CORPORATION OF AMERICA et al., Defendants-Appellees. Stephen H. MARKS, Plaintiff-Appellant, v. SAN FRANCISCO REAL ESTATE BOARD et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied March 23, 1977.

Attorney(s) appearing for the Case

Andrew D. Hurwitz, Phoenix, Ariz. (argued), Lovitt, Hannan & Hennigan, San Francisco, Cal., for plaintiffs-appellants in 75-2269.

Josef D. Cooper (argued), Cooper & Scarpulla, San Francisco, Cal., for plaintiff-appellant in 75-3373.

James H. Clarke (argued), Portland, Or., for defendants-appellees in 75-2269.

Moses Lasky (argued), Brobeck, Phleger & Harrison, M. Laurence Popofsky (argued), Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for defendants-appellees in 75-3373.

Before SNEED and KENNEDY, Circuit Judges, and RICHEY, District Judge.

Rehearing and Rehearing En Banc Denied March 23, 1977.

SNEED, Circuit Judge:

Plaintiffs appeal under 28 U.S.C. § 1291 from orders of the United States District Courts for Oregon and the Northern District of California refusing to certify their actions as class actions. We hold that, under this court's recent decision in Share v. Air Properties G. Inc., 538 F.2d 279 (9th Cir. 1976), appellate jurisdiction has not...

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