VAN ORMAN v. AMERICAN INS. CO.

Nos. 81-2784 to 81-2786.

680 F.2d 301 (1982)

Francis VAN ORMAN, on his own behalf and on behalf of a class of all Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as such persons are defined in the Revised Retirement Plan of The American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("TARP"), Plaintiff, v. The AMERICAN INSURANCE COMPANY, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, TARP, and Fireman's Fund American Retirement Plan ("FARP"), Robert P. J. Cooney and Jack B. McCowan, Defendants. Nellie TAYLOR, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldemar Ogren, on their own behalf and on behalf of all participants and beneficiaries similarly situated, Plaintiffs, v. The AMERICAN INSURANCE COMPANY, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and TARP, Defendants. Francis Van Orman, on his own behalf and on behalf of all participants and beneficiaries similarly situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on behalf of those and all other persons similarly situated, Appellants in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, The Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, TARP, and FARP, Robert P.J. Cooney and Jack B. McCowan and The American Insurance Company, The American Automobile Insurance Company, The Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney Jack B. McCowan and TARP, Appellants in No. 81-2785 The American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan, and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of The American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan, Appellants in No. 81-2786.

United States Court of Appeals, Third Circuit.

Decided June 1, 1982.


Attorney(s) appearing for the Case

Edwin C. Landis, Jr., Jeffrey L. Reiner (argued), Meyner & Landis, Newark, N. J., Paul R. Lamoree, Watson, Ess, Marshall & Enggas, Kansas City, Mo., for plaintiffs-appellants/cross-appellees.

Albert G. Besser (argued), Irvin M. Freilich, Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney, P. A., Newark, N. J., Cameron W. Wolfe, Orrick, Herrington & Sutcliffe, San Francisco, Cal., for defendants-appellees/cross-appellants.

Before SEITZ, Chief Judge, ADAMS, Circuit Judge and STAPLETON, District Judge.


OPINION OF THE COURT

SEITZ, Chief Judge.

Francis Van Orman, on behalf of plaintiff class members, appeals two interlocutory rulings of the district court, certified pursuant to 28 U.S.C. § 1292(b) (1976). Defendants also appeal two rulings certified under section 1292(b) and seek review of another interlocutory order of the district court under 28 U.S.C. § 1292(a)(1) (1976).

I.

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