Lane McNAMARA, On behalf of himself and all others similarly situated; Reuven Randall Singer, On behalf of themselves and others similarly situated; John Quick, On behalf of themselves and others similarly situated; John C. McCarthy, On behalf of themselves and others similarly situated; Marian McCarthy; Patricia Hunt, On behalf of themselves and others similarly situated; Scott Wilding, On behalf of themselves and others similarly situated; Melvin B. Miller, On behalf of themselves and others similarly situated; Meissner Music Productions Incorporated, Meissner Music Productions Inc.; New Madras Limited Partnership, On behalf of themselves and others similarly situated; Alan Hirsch, On behalf of themselves and others similarly situated; Benjamin Kemper, On behalf of themselves and others similarly situated; Deborah L. Foss, On behalf of themselves and others similarly situated; Donald Lytle, On behalf of themselves and others similarly situated, Plaintiffs-Petitioners,
v.
John B. FELDERHOF, Jeannette Walsh, On behalf of themselves and others similarly situated; T. Stephen McAnulty; John B. Thorpe; Rolando C. Francisco; Hugh C. Lyons; Paul M. Kavanaugh; Kilborn Eng. Pacific; P. T. Kilborn Pakar Rekayasa, An Indonesian Company; Barrick Gold Corporation; Nesbitt Burnes Inc.; J.P. Morgan & Co. Inc., Defendants-Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
May 19, 2005.
May 19, 2005.
Attorney(s) appearing for the Case
H. Lee Godfrey, Susman Godfrey, Richard Paul Yetter, Yetter & Warden, Houston, TX, for all Plaintiffs-Petitioners.
Damon Michael Young, Sr., Young, Pickett & Lee, A. Paul Miller, Miller, James, Miller & Hornsby, Texarkana, TX, for Quick, John and Marian McCarthy, Hunt, Wilding, Miller, Meissner Music Productions, Inc., New Madras Ltd. Partnership, Hirsch, Kemper, Foss and Lytle.
John Robert Mercy, Mercy, Carter, Tidwell & Elliott, Texarkana, TX, for Felderhof.
John L. Verner, Houston, TX, David Boies, Boies, Schiller & Flexner, Armonk, NY, for Walsh and McAnulty.
Robert E. Dodson, Gooding & Dodson, Texarkana, TX, for Thorpe.
D. Stuart Meiklejohn, Sullivan & Cromwell, New York City, Preston Worley McGee, Flowers Davis, Tyler, TX, for Francisco.
Gary D. Grimes, Grimes & Craytor, Texarkana, TX, for Lyons.
Alan D. Harrel, Atchley, Russell, Waldrop & Hlavinka, Texarkana, TX, for Kavanaugh.
Andrew T. Solomon, Sullivan & Cromwell, New York City, Winford L. Dunn, Jr., Dunn, Nutter, Morgan & Shaw, Texarkana, TX, for Kilborn Eng. Pac.
David J. Beck, Beck, Redden & Secrest, Houston, TX, for Kilborn Eng. Pac. and P.T. Kilborn Pakar Rekayasa.
Mark D. Wegener, Howrey, Simon, Arnold & White, Washington, DC, for Barrick Gold Corp.
Daniel Murdock, Winston & Stawn, New York City, Nicholas H. Patton, Patton & Tidwell, Texarkana, TX, for Nesbitt Burnes, Inc.
James N. Haltrom, Haltrom & Doan, Texarkana, TX, for J.P. Morgan & Co., Inc.
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
WIENER, Circuit Judge:
Petitioners Lane McNamara, et al. ("Petitioners"), seek leave under Federal Rule of Civil Procedure 23(f) to appeal the district court's denial of class certification. Because the petition was untimely filed, we lack appellate jurisdiction and therefore must dismiss the petition.
I. FACTS AND PROCEEDINGS
Petitioners are investors in gold-mining companies who sued defendants-respondents ("respondents") for securities fraud,...
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