IN RE: LORAZEPAM & CLORAZEPATE ANTITRUST LITIGATION

No. 01-7163.

289 F.3d 98 (2002)

IN RE: LORAZEPAM & CLORAZEPATE ANTITRUST LITIGATION.

United States Court of Appeals, District of Columbia Circuit.

Decided May 14, 2002.


Attorney(s) appearing for the Case

John G. Roberts, Jr. argued the cause for petitioners. With him on the briefs were Catherine E. Stetson, Michael R. Grynberg, Christopher K. Tahbaz, Irving Scher and David A. Hickerson. James B. Weidner entered an appearance.

Michael D. Hausfeld argued the cause for respondents. With him on the brief were Arthur M. Kaplan and Thomas Campbell.

Before: GINSBURG, Chief Judge, ROGERS and GARLAND, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

This appeal presents for the first time in this circuit the threshold question of when interlocutory review of a class certification decision is appropriate under Federal Rule of Civil Procedure 23(f). We take the opportunity to offer general guidance on the scope of our discretion under Rule 23(f) in considering the petition for Rule 23(f) review by Mylan Laboratories, Inc., Mylan...

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