No. 309, Docket 77-7408.

566 F.2d 846 (1977)

Lorraine C. CULLEN, John L. Jund, Manny Trotner, on behalf of themselves and all others similarly situated, and Civil Service Merit Council of Long Island, Plaintiffs-Appellants, v. NEW YORK STATE CIVIL SERVICE COMMISSION, Victor Bahou, President, Nassau County Civil Service Commission, Adele Leonard, Commissioner, the County of Nassau, Ralph G. Caso, County Executive of the County of Nassau, Town of Hempstead Civil Service Commission, Sidney Rosenthal, Commissioner, Town of Hempstead, Francis T. Purcell, Presiding Supervisor, Nassau County Republican Committee, Joseph F. Margiotta, County Leader, Defendants-Respondents.

United States Court of Appeals, Second Circuit.

Decided November 18, 1977.

Attorney(s) appearing for the Case

Jessel Rothman, Mineola, N. Y., filed a brief for plaintiffs-appellants.

W. Kenneth Chave, Jr., Town Atty., Town of Hempstead, N. Y., filed an appearance for defendants-respondents Town of Hempstead and Town of Hempstead Civil Service Commission.

Curtis, Hart & Zaklukiewicz, Merrick, N. Y., filed an appearance for defendants-respondents Nassau County Republican Committee and Joseph J. Margiotta.

William Gitelman, County Atty. of Nassau County, Mineola, N. Y., filed an appearance for defendants-respondents Nassau County Civil Service Commission, County of Nassau, and Ralph Caso.

Before KAUFMAN, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

KAUFMAN, Chief Judge:

Appellants, named plaintiffs in a certified class action, ask this court to find reversible error in a decision of Chief Judge Mishler because he failed to appoint appellants' chosen counsel, Jessel Rothman, as attorney for the absent members of the class. Although the parties have not raised the issue, we must first decide whether the order is appealable. We hold that it is not, and dismiss the appeal.

Appellants, representing 22,000...


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