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ZYLSTRA v. SAFEWAY STORES, INC.

Nos. 77-1899, 77-2719.

578 F.2d 102 (1978)

Shirley ZYLSTRA and John P. Cole, Jr., Individually and on behalf of all others similar situated, Plaintiffs-Appellees, v. SAFEWAY STORES, INC., the Great Atlantic & Pacific Tea Company, Inc., Kroger Co., and Lykes Pasco Packing Co., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 9, 1978.

Attorney(s) appearing for the Case

David S. Batcheller, Miami, Fla., Vaughn R. Walker, Richard W. Odgers, C. Douglas Floyd, San Francisco, Cal., for Safeway Stores.

Harry Kemker, Tampa, Fla., Denis McInerney, Leonard A. Spivak, Ada Meloy, New York City, for Great Atlantic & Pacific Tea Co.

Sylvia H. Walbolt, Tampa, Fla., for Kroger Co.

W. Reece Smith, Jr., Tampa, Fla., Herbert Dym, Washington, D. C., T. Paine Kelly, Jr., Tampa, Fla., for Lykes-Pasco Packing Co.

Alan Raywid, Frances Chetwynd, Burt A. Braverman, Washington, D. C., Donald Stichter, Harley E. Riedel, II, Tampa, Fla., for plaintiffs-appellees.

Before BROWN, Chief Judge, THORNBERRY and CLARK, Circuit Judges.

CHARLES CLARK, Circuit Judge:

These consolidated appeals are both taken from an order of the district court denying defendants' motion to disqualify counsel from representing plaintiffs who wish to prosecute this antitrust suit as a class action. In part, the motion to disqualify is based upon Canon 9's admonition that lawyers "should avoid even the appearance of professional impropriety." According to the defendants, an appearance of impropriety arises because one...

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