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LINK v. MERCEDES-BENZ OF N. AM., INC.

No. 75-2195.

550 F.2d 860 (1977)

JULES LINK and SOLOMON KATZ, on behalf of themselves and all others similarly situated, Appellees, v. MERCEDES-BENZ OF NORTH AMERICA, INC., and Daimler-Benz Aktiengesellschaft, Appellants.

United States Court of Appeals, Third Circuit.

Reargued November 4, 1976.

Decided February 11, 1977.

Attorney(s) appearing for the Case

Robert J. Spiegel, Spencer Ervin, Jr., Wilbur Bourne Ruthrauff, Gratz, Tate, Spiegel, Ervin & Ruthrauff, Philadelphia, Pa., for appellants.

Harold E. Kohn, Stuart H. Savett, H. Kenneth Kudon, Carole A. Broderick, Cecily A. Waterman, Kohn, Savett, Marion & Graf, P. C., Philadelphia, Pa., for appellees.

Before SEITZ, Chief Judge, and FORMAN, VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Whether an antitrust action with potentially 300,000 claimants is manageable as a class action is the question directed to us in this § 1292(b) appeal. We decline to answer on the ground that the matter is one of fact subject to determination by district court. A second query asks whether there may be separate juries utilized during the liability and damage phases of...

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