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WADE v. KIRKLAND

No. 96-17119.

118 F.3d 667 (1997)

Timothy WADE, Plaintiff-Appellant, v. Richard KIRKLAND; Washoe County; Does 1-10, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1997.

Attorney(s) appearing for the Case

Terri Keyser-Cooper, Santa Cruz, CA, for Plaintiff-Appellant.

Gregory R. Shannon, Deputy District Attorney, Reno, NV, for Defendants-Appellees.

Before: HUG Chief Judge, and CHOY and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

We are called upon to determine the propriety of postponing a decision on a timely class action certification motion where the putative class appears to be so transitory that a failure to rule may mean that a class will never be assembled.

Timothy Wade ("Wade") filed a class action complaint challenging the working conditions of "chain gang" labor at the Washoe County (Nevada)...

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