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DEVLIN v. SCARDELLETTI

No. 01-417.

536 U.S. 1 (2002)

DEVLIN v. SCARDELLETTI et al.

United States Supreme Court.

Decided June 10, 2002.

Attorney(s) appearing for the Case

Thomas C. Goldstein argued the cause for petitioner. With him on the briefs were Erik S. Jaffe and Brian Wolfman.

Laurence Gold argued the cause for respondents. With him on the brief were Andrew D. Roth, David L. Shapiro, William F. Hanrahan, and Kenneth M. Johnson.

Patricia A. Millett argued the cause for the United States et al. as amici curiae urging affirmance. On the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Kneedler, Gregory G. Garre, Marleigh D. Dover, Irene M. Solet, David M. Becker, Jacob H. Stillman, and Eric Summergrad.*

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J.,filed a dissenting opinion, in which Kennedy and Thomas, JJ., joined, p. 15.

Justice O'Connor, delivered the opinion of the Court.

Petitioner, a nonnamed member of a class certified under Federal Rule of Civil Procedure 23(b)(1), sought to appeal the approval of a settlement over objections he stated at the fairness hearing. The Court of Appeals for the Fourth Circuit held that he lacked the power to bring such an appeal because he was not a named class representative and because he had not successfully...

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