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WILLIAMS v. WALLACE SILVERSMITHS, INC.

No. 935, Docket 76-7617.

566 F.2d 364 (1977)

Stanley WILLIAMS et al., Plaintiffs-Appellants, v. WALLACE SILVERSMITHS, INC., a division of HMW Industries, Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 4, 1977.

Attorney(s) appearing for the Case

Mary Ellen Wynn, New Haven, Conn. (Karen L. Kruskal, Elizabeth C. Yen, and Williams, Avery & Wynn, New Haven, Conn., on the brief), for plaintiffs-appellants.

Warren W. Eginton, Stamford, Conn. (Cummings & Lockwood, Stamford, Conn., on the brief), for defendant-appellee.

Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Assoc. Gen. Counsel, Charles L. Reischel, Asst. Gen. Counsel, and Paul E. Mirengoff, Atty., Washington, D.C., filed brief for Equal Employment Opportunity Commission, amicus curiae.

Before LUMBARD and TIMBERS, Circuit Judges, and KNAPP, District Judge.

PER CURIAM:

This case comes to us pursuant to defendant's motion to dismiss plaintiffs' appeal from an order entered in the District of Connecticut, Jon O. Newman, District Judge, 75 F.R.D. 633 (D.Conn.1976), which denied plaintiffs' motion for class certification pursuant to Fed.R.Civ.P. 23(c). We hold that the order appealed from is interlocutory and nonappealable. Accordingly, the motion to dismiss the appeal is granted.

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