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Gardner v. Westinghouse Broadcasting Co., 437 U.S. 478 (1978)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Gardner v. Westinghouse Broadcasting Co., 437 U.S. 478 (1978)
Gardner v. Westinghouse Broadcasting Co. No. 77-560 Argued March 22, 1978 Decided June 21, 1978 437 U.S. 478
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.
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Chicago: U.S. Supreme Court, "Syllabus," Gardner v. Westinghouse Broadcasting Co., 437 U.S. 478 (1978) in 437 U.S. 478 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=L481RVXNJSQPCW3.
MLA: U.S. Supreme Court. "Syllabus." Gardner v. Westinghouse Broadcasting Co., 437 U.S. 478 (1978), in 437 U.S. 478, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=L481RVXNJSQPCW3.
Harvard: U.S. Supreme Court, 'Syllabus' in Gardner v. Westinghouse Broadcasting Co., 437 U.S. 478 (1978). cited in 1978, 437 U.S. 478. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=L481RVXNJSQPCW3.
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