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OSWALD v. McGARR

Nos. 79-1819, 79-1843.

620 F.2d 1190 (1980)

Betty OSWALD, Eileen Miller, Phil Miller and Michael J. Balog, on behalf of themselves and all others similarly situated, Petitioners, v. Frank J. McGARR, U. S. District Judge, Northern District of Illinois, Respondent. An Original Petition for Writ of Mandamus. In re GENERAL MOTORS CORPORATION ENGINE INTERCHANGE LITIGATION. Appeal of Betty Oswald, on her behalf and on behalf of all others similarly situated, et al.

United States Court of Appeals, Seventh Circuit.

Decided April 11, 1980.

Rehearing Denied May 13, 1980.

Attorney(s) appearing for the Case

William J. Harte, Chicago, Ill., for petitioners.

Donald G. Mulack, Chicago, Ill., for State of Ill.

Thomas A. Gottschalk, Kirkland & Ellis, Chicago, Ill., for GMC.

Before CASTLE, Senior Circuit Judge, and SPRECHER and BAUER, Circuit Judges.

BAUER, Circuit Judge.

The district court approved a notice which detailed an offer of settlement to individual subclass members. Appellants-petitioners appeal from the court's order approving the notice in No. 79-1843 and petition for a writ of mandamus in No. 79-1819 to vacate the order. We dismiss the appeal because the district court's order is neither a final order nor a properly appealable collateral order. We entertain the petition, but deny the writ because...

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