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MOITIE v. FEDERATED DEPT. STORES, INC.

No. 77-3101.

611 F.2d 1267 (1980)

Marilyn MOITIE, Individually, and on behalf of others similarly situated, Appellants, v. FEDERATED DEPARTMENT STORES, INC., d/b/a I. Magnin & Co. and Bullock's Northern California; Saks & Company d/b/a Saks Fifth Avenue; and Does I through XX, Appellees. Floyd R. BROWN, Individually, and on behalf of others similarly situated, Appellants, v. FEDERATED DEPARTMENT STORES, INC., d/b/a I. Magnin & Co. and Bullock's; Saks & Company d/b/a Saks Fifth Avenue; and Does I through XX, Appellees.

United States Court of Appeals, Ninth Circuit.

January 15, 1980.

Attorney(s) appearing for the Case

Jerrold N. Offstein, San Francisco, Cal., for appellants.

Jerome I. Chapman, Washington, D.C., Eugene Gordon, New York City, argued, for appellees; Abe Krash, Washington, D.C., Paul Fitting, McKenna & Fitting, James Fousekis, San Francisco, Cal., on brief.

Before WRIGHT and TANG, Circuit Judges, and JAMESON, Senior District Judge.

EUGENE A. WRIGHT, Circuit Judge:

This appeal presents a complex and novel issue related to the doctrine of res judicata: when several cases are consolidated for trial with some but not all of the plaintiffs appealing successfully, is the first decision res judicata as to those plaintiffs who did not appeal? Under the facts of this case, we hold that the interests of justice require that the entire decision be rendered inoperative, and we therefore reverse...

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