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Z-SEVEN FUND, INC. v. MOTORCAR PARTS & ACCESSORIES

No. 00-55014.

231 F.3d 1215 (2000)

Z-SEVEN FUND, INC., Mike Desiderio, on behalf of himself and all others similarly situated; Motorcar Institutional Group, Plaintiff-Appellant, Francine Ehrlich, Plaintiff-Appellee, v. MOTORCAR PARTS & ACCESSORIES; Mel Marks; Richard Marks, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed October 18, 2000

Attorney(s) appearing for the Case

Behram V. Parekh, Weiss & Yourman, Los Angeles, California, for the plaintiffs-appellants.

Marc M. Seltzer, Susman Godfrey L.L.P., Los Angeles, California, for the plaintiff-appellee.

Before: David R. THOMPSON, Thomas G. NELSON, and Barry G. SILVERMAN, Circuit Judges.

Argued and Submitted August 9, 2000 — San Francisco, California

Opinion by Judge Silverman

OPINION

SILVERMAN, Circuit Judge:

The issue before us is whether an order appointing a "lead plaintiff" in an on-going securities fraud class action is a "collateral order" from which an interlocutory appeal can be taken. We hold that it is not, and therefore dismiss this appeal for lack of jurisdiction.

I. Background

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