Gendron v. Shastina Properties

578 F.2d 1313 Orval Louis GENDRON and Muriel Margaret Gendron, husband and wife, et al., Plaintiffs, Maxine Rocco, Moving-Party-Appellant, v. SHASTINA PROPERTIES, INC., et al., Defendants-Appellees, People of the State of California, Plaintiff in Intervention. No. 76-1285. United States Court of Appeals, Ninth Circuit. July 27, 1978. James W. Funsten of Funsten & Oster, San Francisco, Cal., for plaintiffs. John E. Carne of Crosby, Heafey, Roach & May, Oakland, Cal., for defendants-appellees. Appeal from the United States District Court for the Eastern District of California. Before CHAMBERS, SMITH * and KILKENNY, Circuit Judges. J. JOSEPH SMITH, Circuit Judge: 1 Maxine Rocco appeals from an order of the United States District Court for the Eastern District of California (Philip C. Wilkins, Judge) denying her motion for an order allowing her claim, or alternatively establishing a sub-class to pursue the complaint. Appellant Rocco had sought recovery as part of a class of plaintiffs which claimed that it had been defrauded in the purchase of property at Lake Shastina, California. 2 Appellant impliedly agreed to a settlement of the action when she filed a claim for relief…