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LIVESAY v. PUNTA GORDA ISLES, INC.

Nos. 76-1881, 76-1906.

550 F.2d 1106 (1977)

Cecil LIVESAY and Dorothy Livesay, for themselves and on behalf of all others similarly situated, Plaintiffs-Appellants, v. PUNTA GORDA ISLES, INC. et al., Defendants-Appellees. Cecil LIVESAY and Dorothy Livesay, for themselves and on behalf of all others similarly situated, Petitioners, v. PUNTA GORDA ISLES, INC. et al., Respondents.

United States Court of Appeals, Eighth Circuit.

Decided March 4, 1977.

Attorney(s) appearing for the Case

Melvyn I. Weiss, New York City, for appellants; Richard L. Ross, Clayton, Mo., on brief.

John J. Hennelly, Jr., St. Louis, Mo., for appellee, Coopers & Lybrand; Veryl L. Riddle and Thomas C. Walsh, St. Louis, Mo., on brief.

William A. Richter, St. Louis, Mo., for appellees, Punta Gorda Isles and others; Lewis R. Mills and Karen Holm, St. Louis, Mo., on brief.

Before HEANEY and STEPHENSON, Circuit Judges, and STUART, District Judge.

PETITION FOR WRIT OF MANDAMUS

STEPHENSON, Circuit Judge.

In these consolidated cases, Cecil and Dorothy Livesay (plaintiffs) seek review of the district court's order decertifying their action as a class action. In No. 76-1881, plaintiffs appeal from that order. In No. 76-1906, plaintiffs seek a writ of mandamus compelling the district court to vacate its decertification order.

On July 27, 1973, plaintiffs filed a complaint seeking approximately...

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