In re Exterior Siding & Aluminum Coil Antitrust Litigation

U.S. Court of Appeals for the Eighth Circuit March 28, 1983

In re Exterior Siding & Aluminum Coil Antitrust Litigation, 705 F.2d 980 (8th Cir. 1983)

36 Fed. R. Serv. 2d 132; 1983 U.S. App. LEXIS 29348

Arnold, Bright, Fagg, Gibson, Heaney, Lay, McMillian, Ross

Opinion of the Court

PER CURIAM.

The Clerk is directed to file the Supplemental Appendix tendered by Petitioners.

The petition for writ of mandamus. is denied by an equally divided Court.

HEANEY, Circuit Judge, with whom BRIGHT, ROSS and JOHN R. GIBSON, Circuit Judges, join, dissenting.

We would grant the petition for mandamus. The transferee judge not only ignored the prior opinions of the transferor judge in certifying a class, but he certified a class infinitely broader than the one the plaintiffs had last requested be certified by the transferor judge. There is no record support for the broader class certified.

Reference

Full Case Name: In re EXTERIOR SIDING AND ALUMINUM COIL ANTITRUST LITIGATION (M.D.L. No. 454) Alside, Inc. Alcan Aluminum Corporation Aluminum Company of America Bethlehem Steel Corporation Kaiser Aluminum & Chemical Corporation Kaiser Aluminum & Sales, Inc. Mastic Corporation Reynolds Metals Company Revere Copper & Brass, Inc. and United States Steel Corporation
Cited By: 4 cases
Status: Published