MONTI v. DEPT. OF IND. RELATIONS, STATE OF CAL.

No. 77-3731.

582 F.2d 1226 (1978)

Marie Melrose MONTI and California State Employees Association, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. DEPARTMENT OF INDUSTRIAL RELATIONS, STATE OF CALIFORNIA, Raymond Barrier and Donald Vial, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

September 26, 1978.


Attorney(s) appearing for the Case

Helen B. Culiner, San Francisco, Cal., for plaintiffs-appellants.

Gordon Zane, San Francisco, Cal., for defendants-appellees.

Before TRASK and SNEED, Circuit Judges, and RICHEY, District Judge.


SNEED, Circuit Judge:

Plaintiffs appeal from an order of the district court denying their motion for class certification. In light of the Court's recent decision in Gardner v. Westinghouse Broadcasting Co., ___ U.S. ___, 98 S.Ct. 2451, 57 L.Ed.2d 364 (1978), this court lacks appellate jurisdiction under 28 U.S.C. § 1292(a)(1) to review the class certification denial. Alternatively, plaintiffs seek a writ of mandamus pursuant to 28 U.S.C. § 1651, to...

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