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SOUZA v. SCALONE

No. 74-3485.

563 F.2d 385 (1977)

Frank J. SOUZA, for himself and on behalf of all others similarly situated, Plaintiffs-Appellees, v. John A. SCALONE et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended September 20, 1977.

Attorney(s) appearing for the Case

C. Douglas Floyd (argued), of Pillsbury, Madison & Sutro, San Francisco, Cal., for petitioners.

R. J. Wolf (argued), San Rafael, Cal., for respondents.

Before DUNIWAY and WALLACE, Circuit Judges, and WHELAN, District Judge.

PER CURIAM.

Scalone appeals from an interlocutory order of the district court which held that the due process clause does not require any notice to be given to absent members of a class certified under Fed.R.Civ.P. 23(b)(2). Because at the time of the district court's certification there was a conflict among the circuits on this controlling question of law, we permitted this appeal to be taken pursuant to 28 U.S.C. § 1292(b). We vacate and remand for further...

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