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WEST v. CAPITOL FEDERAL SAV. AND LOAN ASS'N

No. 77-1058.

558 F.2d 977 (1977)

Ralph E. WEST, Eduardo Ramirez and Marilyn L. Segrist, on behalf of themselves as Individuals and on behalf of all others similarly situated, Plaintiffs-Appellants, v. CAPITAL FEDERAL SAVINGS AND LOAN ASSOCIATION, Shawnee Federal Savings and Loan Association, American Savings Association of Kansas, Postal Savings and Loan Association, and the Topeka Savings Association, together with Does I through 200, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided July 7, 1977.

Attorney(s) appearing for the Case

Arnold Levin, Philadelphia, Pa., Fred W. Phelps, Topeka, Kan. (Adler, Barish, Daniels, Levin & Creskoff, Philadelphia, Pa., of counsel and on the briefs), for plaintiffs-appellants.

Harold S. Youngentob and Wesley A. Weathers, Topeka, Kan. (Donald Patterson of Fisher, Patterson, Sayler & Smith; William Hergenreter of Shaw, Hergenreter, Quarnstrom & Wright; Arthur E. Palmer of Goodell, Casey, Briman & Cogswell; Randall J. Forbes of Crane, Martin, Claussen, Hamilton & Barry and J. H. Eschmann of Ascough, Bausch & Eschmann, Topeka, Kan., on the briefs), for defendants-appellees.

Before SETH, BREITENSTEIN and McWILLIAMS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This class action suit charges violations of the Sherman and Clayton antitrust acts. 15 U.S.C. §§ 1, 15, 16, and 26. The district court denied class action certification and dismissed the case except insofar as it was brought by named plaintiffs. In its order of dismissal the court made the determination and direction required by Rule 54(b) to permit appellate review.

The three named plaintiffs sue for themselves and...

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