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KLEINER v. FIRST NAT. BANK OF ATLANTA

No. 83-8794.

751 F.2d 1193 (1985)

Jackie KLEINER, Plaintiff-Appellee, v. The FIRST NATIONAL BANK OF ATLANTA, Defendant-Appellant, Hansell & Post, Richard Kirby and Richard M. Langway, Appellants, George W. MOROSANI, Plaintiff-Appellee, v. The FIRST NATIONAL BANK OF ATLANTA, Defendant-Appellant, Hansell & Post, Richard Kirby and Richard M. Langway, Appellants.

United States Court of Appeals, Eleventh Circuit.

January 31, 1985.

Attorney(s) appearing for the Case

Trammell E. Vickery, Kent E. Mast, William B. Smith, Emmet J. Bondurant, II, Eugene G. Partain, W. Gordon Hamlin, Jr., Atlanta, Ga., for Hansell & Post.

Robert B. Remar, Jerome J. Froelich, Jr., Kenneth P. McDuffie, Atlanta, Ga., Michael P. Malakoff, Pittsburgh, Pa., for plaintiff-appellee.

Before HILL, VANCE and ANDERSON, Circuit Judges.

VANCE, Circuit Judge:

We consider whether the first amendment rationale of Bernard v. Gulf Oil Co.1 bars sanctions against a defendant and counsel for secretly soliciting exclusion requests from potential members of a Rule 23(b)(3) plaintiff class.

I. FACTS

This appeal is the closing phase of a ground-breaking class action against the First National Bank of Atlanta2 filed by Jackie...

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