[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 660 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 660

To amend title 28, United States Code, to allow an interlocutory appeal 
from a court order determining whether an action may be maintained as a 
                             class action.


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                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 1997

Mr. Canady of Florida introduced the following bill; which was referred 
                   to the Committee on the Judiciary

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                                 A BILL


 
To amend title 28, United States Code, to allow an interlocutory appeal 
from a court order determining whether an action may be maintained as a 
                             class action.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INTERLOCUTORY APPEALS OF COURT ORDERS RELATING TO CLASS 
              ACTIONS.

    Section 1292(b) of title 28, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following:
    ``(2) A party to an action in which the district court has made a 
determination of whether the action may be maintained as a class action 
may make application for appeal of that determination to the court of 
appeals which would have jurisdiction of an appeal of that action. The 
court of appeals may, in its discretion, permit the appeal to be taken 
from such determination if the application is made within 10 days after 
the entry of the court's determination relating to the class action. 
Application for an appeal under this paragraph shall not stay 
proceedings in the district court unless the district judge or the 
court of appeals or a judge thereof shall so order.''.
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