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BECK v. BOEING CO.

No. 02-35140.

320 F.3d 1021 (2003)

Mary BECK; Aprill Linear; Ellen Schaff; Fern Neatherlin; Wendy Kelly; Karla Coleman; Teri Neuharth; Elizabeth Anderson; Esther Gramza Thiry; Shelley Sinclair; Sheila Sage, Plaintiffs-Appellees, v. The BOEING COMPANY, a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2003.

Attorney(s) appearing for the Case

Barbara Berish Brown, Paul, Hastings, Janofsky & Walker LLP, Washington, DC, argued for appellants. C. Geoffrey Weirich, Atlanta, GA, and Lawrence B. Hannah, Jeffrey A. Hollingsworth, Nancy Williams, all of Perkins Coie LLP, Seattle, WA, joined her on the briefs.

Peter M. Vial, Seattle, WA, and Joseph M. Sellers, Cohen, Milstein, Hausfeld & Toll, P.L.L.C., Washington, DC, argued for appellees. Christine Webber and Jessica Glick Lyn, both of Cohen, Milstein, Hausfeld & Toll, P.L.L.C., Washington, DC, and Jerry R. McNaul, Michael D. Helgren, Robert M. Sulkin, and Barbara H. Schuknecht, all of McNaul Ebel Nawrot Helgren & Vance P.L.L.C., Seattle, WA, joined them on the briefs.

Before: REAVLEY, KOZINSKI and W. FLETCHER, Circuit Judges.

OPINION

PER CURIAM.

We may exercise our discretion to review a district court's Rule 23 class action certification order only if an "application is made to [us] within ten days after entry of the [district court's] order." Fed.R.Civ.P. 23(f). We consider whether Saturdays, Sundays and legal holidays are excluded from the ten-day deadline.

I

The district court entered an order under Fed.R.Civ.P. 23 on October 22, 2001, certifying a class...

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