UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT
December 20, 1988
JAMES F. BASH, ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS, AND WILLIAM H. O'BRIEN, JR. AND ANDREW VOGT, AS UNNAMED MEMBERS OF THE PLAINTIFF CLASS, PLAINTIFFS-APPELLANTS,
FIRSTMARK STANDARD LIFE INSURANCE COMPANY, ET AL., DEFENDANTS-APPELLEES
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 84 C 1404, S. Hugh Dillin, Judge.
Before Hon. RICHARD A. POSNER, Circuit Judge, Hon. JOEL M. FLAUM, Circuit Judge, Hon. DANIEL A. MANION, Circuit Judge
ON PETITION FOR REHEARING
The petition is denied, but we take this opportunity to note case authority, not brought to our attention by the parties to this case, that an unnamed class member has no right to appeal from the final judgment in the class action, unless he has intervened. See Guthrie v. Evans, 815 F.2d 626 (11th Cir. 1987); Shores v. Sklar, 844 F.2d 1485, 1491 (11th Cir. 1988); Walker v. City of Mesquite, No. 87-1123 (5th Cir. Oct. 31, 1988). The application of the principle of these cases would have no practical consequences in the present case, and we therefore shall not offer an opinion on the merit of the principle.
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