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SHORES v. SKLAR

No. 86-7898.

885 F.2d 760 (1989)

James L. SHORES, Jr., Executor of the Estate of Clarence E. Bishop, Jr., on behalf of himself and all other persons who purchased First Mortgage 8% Revenue Bonds issued by the Industrial Board of the Town of Frisco City, Alabama, Plaintiff-Appellant, v. Jerald H. SKLAR, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 18, 1989.

Attorney(s) appearing for the Case

W. Eugene Rutledge, Rutledge & Kelly, Birmingham, Ala., for plaintiff-appellant.

Crawford S. McGivaren, Jr., Cabaniss, Johnston, Gardner, Dumas & O'Neal, Larry B. Childs, Birmingham, Ala., for Jerald H. Sklar, et al.

Lee H. Zell, Berkowitz, Lefkovits, Isom & Kushner, Susan Salonimer, Birmingham, Ala., for ASA G. Candler.

Frank M. Young, III, Haskell, Slaughter & Young, James L. Richey, Birmingham, Ala., for Cecil J. Lamberson & Jackson Municipals, Inc.

Hobart A. McWhorter, Jr., Bradley, Arant, Rose & White, Richard H. Walston, Henry E. Simpson, Lange, Simpson, Robinson & Somerville, Charles C. Pinckney, Birmingham, Ala., for Capell, Howard, Knabe & Cobbs.

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, and COX, Circuit Judges.

ANDERSON, Circuit Judge, with whom RONEY, Chief Judge, and TJOFLAT, HILL, FAY and COX, Circuit Judges, concur:

James L. Shores, Jr. appeals from the district court's denial of his motion to certify a class. Because we find that Shores' unqualified consent to entry of judgment in this action waived his right to appeal, the appeal is dismissed.1

I. FACTS

This securities fraud action commenced over thirteen years ago. On...

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