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GARDNER v. WESTINGHOUSE BROADCASTING CO.

No. 76-1410.

559 F.2d 209 (1977)

Jo-Ann Evans GARDNER, Appellant, v. WESTINGHOUSE BROADCASTING COMPANY.

United States Court of Appeals, Third Circuit.

Decided June 6, 1977.

Rehearing Denied July 22, 1977.

Attorney(s) appearing for the Case

Robert N. Hackett, Joan P. Feldman, Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, Pittsburgh, Pa., for appellant.

Wendell G. Freeland, Richard F. Kronz, Freeland & Kronz, Pittsburgh, Pa., for appellee.

Before SEITZ, Chief Judge, and ALDISERT and HUNTER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) March 28, 1977.

Rehearing In Banc Denied July 22, 1977.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question is whether a denial of a class certification can be immediately appealed under 28 U.S.C. § 1292(a)(1)1 on the theory that the denial amounts to the denial of an injunction. The circuits are divided on the question. Although the theory of § 1292(a...

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