Gardner v. Westinghouse Broadcasting Co., 437 U.S. 478 (1978)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

Petitioner, who had been denied employment by respondent’s radio station, brought an action seeking injunctive relief against respondent on behalf of herself and other females adversely affected by respondent’s alleged practice of discriminating against women. The District Court denied petitioner’s motion for class certification under Fed.Rule Civ.Proc. 23(b). Claiming that, since the relief that could be granted in favor of the class would be broader than the relief she might obtain as an individual, the denial of class certification in effect refused a substantial portion of the injunctive relief sought, petitioner immediately appealed under 28 U.S.C. § 1292(a)(1), which gives courts of appeals jurisdiction of appeals from interlocutory orders refusing injunctions, but the Court of Appeals held that it had no jurisdiction.

Held: The order denying class certification was not appealable under § 1292(a)(1).

Pp. 480-482. 559 F.2d 209, affirmed.

STEVENS, J., delivered the opinion for a unanimous Court.