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UNITED STATES FIDELITY & GUARANTY CO. v. LORD

No. 78-1127.

585 F.2d 860 (1978)

UNITED STATES FIDELITY AND GUARANTY COMPANY, L. K. Merz, Howard Gould, Robert Rowe, and John Aitken, Petitioners, v. The Honorable Miles W. LORD, Judge of the United States District Court for the District of Minnesota, Fourth Division, Respondent, and Sheila Mead and Terry Oakley, and all other persons similarly situated, and Equal Employment Opportunity Commission, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided September 13, 1978.

Attorney(s) appearing for the Case

Stephen D. Shawe, Shawe & Rosenthal, Baltimore, Md. (argued), Earle K. Shawe, Arthur M. Brewer and Eric Hemmendinger, Baltimore, Md., on brief, for petitioners.

Frank E. Vogl, Best & Flanagan, Minneapolis, Minn. (argued), and Thomas D. Carlson, Minneapolis, Minn., on brief, for respondents Mead, et al.

Philip B. Sklover, Atty., Equal Employment Opportunity Commission, Washington, D. C. (argued), Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, and Beatrice Rosenberg, Asst. Gen. Counsel; Equal Employment Opportunity Commission, Washington, D. C., on brief, for respondent Equal Employment Opportunity Commission.

Before HEANEY, Circuit Judge, STEPHENSON, Circuit Judge, and BECKER, Senior District Judge.

BECKER, Senior District Judge.

In this class action litigation petitioners pray for a writ of mandamus commanding the respondent (1) to limit an order of the respondent district judge, certifying a national plaintiff class, (2) "compelling" the respondent to limit to Minnesota and set a cut-off date for the class conditionally, and (3) to vacate an order permitting the Equal Employment Opportunity Commission (EEOC) to intervene in the action.

The petitioners...

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