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HEWITT v. JOYCE BEVERAGES OF WISCONSIN, INC.

No. 83-1514.

721 F.2d 625 (1983)

Richard HEWITT and Kenneth A. Higgins, Jr., on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. JOYCE BEVERAGES OF WISCONSIN, INC., a Delaware Corporation; and Joyce Beverages of Illinois, Inc., a Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 28, 1983.

Rehearing Denied February 16, 1984.

Attorney(s) appearing for the Case

John G. Jacobs, Plotkin & Jacobs, Ltd., Chicago, Ill., for plaintiffs-appellants.

Paul E. Slater, Sperling, Slater & Spitz, P.C., Chicago, Ill., for defendants-appellees.

Before CUMMINGS, Chief Judge, ESCHBACH, Circuit Judge, and NEAHER, Senior District Judge.

ESCHBACH, Circuit Judge.

This case comes to us as an interlocutory appeal under 28 U.S.C. § 1292(b). The issue sought to be presented in this appeal is whether a class action is appropriate where the plaintiffs intend to use proof of the defendants' coercive activities to demonstrate the unwilling participation of each plaintiff class member in the defendants' alleged resale price scheme. The district court, 97 F.R.D. 350, ruled that a class action was not appropriate...

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