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WRIGHT v. SCHOCK

No. 83-2241.

742 F.2d 541 (1984)

Henry T. WRIGHT and Helen F. Wright, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Darrell Marlow SCHOCK, et al., Defendants, and Security National Bank, Hibernia Bank, Diablo State Bank, Transamerica Title Insurance Co., Commonwealth Land Title Insurance Co., Western Title Insurance Co., St. Paul Title Insurance Co., Safeco Title Insurance Co., Title Insurance Co. of Minnesota, Chicago Title Insurance Co., Title Insurance & Trust Co., and First American Title Insurance Co., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1984.

Attorney(s) appearing for the Case

Elizabeth Joan Cabraser, Mills, Wilcox, San Francisco, Cal., for plaintiffs-appellants.

Edmund L. Regalia, Miller, Starr & Regalia, Oakland, Cal., Robert Knox, Atwood, Hurst & Knox, San Jose, Cal., John N. Hauser, George Grellas, McCutchen, Doyle, Brown & Enerson, San Francisco, Cal., Allan B. Cooper, Ervin, Cohen & Jessup, Beverly Hills, Cal., for defendants-appellees.

Before HUG, TANG, and FARRIS, Circuit Judges.

HUG, Circuit Judge:

This case presents the issue whether a district court may, in its discretion, rule on a defendant's motion for summary judgment without first granting or denying a timely motion to certify a plaintiff class.

FACTS

Appellants Henry and Helen Wright brought this action on behalf of themselves and some 2500 similarly situated parties alleging violations of federal and state securities laws and common-law fraud in connection with...

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