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HEBERT v. MONSANTO COMPANY TEXAS CITY, TEXAS

No. 76-2836.

580 F.2d 178 (1978)

Samuel E. HEBERT, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. MONSANTO COMPANY, TEXAS CITY, TEXAS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 18, 1978.

Attorney(s) appearing for the Case

Henry M. Rosenblum, Robert B. O'Keefe, Houston, Tex., for plaintiffs-appellants.

Wm. N. Wheat, Houston, Tex., for TX. Metal Trades.

Tom M. Davis, Houston, Tex., for Monsanto Co.

Before MORGAN and GEE, Circuit Judges, and KING, District Judge.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

PER CURIAM:

In Hebert v. Monsanto Co., Texas City, Texas, 576 F.2d 77 (5th Cir. 1978), we entertained an appeal brought under 28 U.S.C. § 1292(a)(1) of an interlocutory order denying class action certification. Subsequently, the Supreme Court held that such orders are not appealable. Gardner v. Westinghouse Broadcasting Co., ___ U.S. ___, 98...

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