No. 83-1789.

741 F.2d 1406 (1984)

Michael McCARTHY, et al. Arthur Waskow, et al., Appellants, v. Richard G. KLEINDIENST, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 17, 1984.

Attorney(s) appearing for the Case

Willard K. Tom, Washington, D.C., with whom Stephen Yale-Loehr, Francis M. Gregory, Jr. and Sheila J. Carpenter, Washington, D.C., were on the brief, for appellants. Michael S. Smith, Washington, D.C., also entered an appearance for appellants.

Richard B. Nettler, Asst. Corp. Counsel, with whom Charles L. Reischel, Deputy Corp. Counsel and Michael E. Zielinski, Asst. Corp. Counsel, Washington, D.C., were on the brief, for appellee, District of Columbia.

David H. White, Atty., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Joseph diGenova, U.S. Atty. and Barbara L. Herwig, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellees, Kleindienst, et al.

Before TAMM, MIKVA and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

Opinion concurring in part and dissenting in part filed by Circuit Judge MIKVA.

STARR, Circuit Judge:

This case arises out of the 1971 "May Day" demonstrations throughout Washington, D.C. in protest against the Vietnam War. The principal, and ultimately dispositive, question presented by this appeal is whether the District Court abused its discretion when it refused to certify this case as a class...


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