Roberts v. Heim

42 F.3d 1401 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Philip D. ROBERTS, Robert T. McArthur, Denny Delk, Karen Delk, Lynn Roberts, Jack T. Bell and Gauss, Plaintiffs-Appellees, v. Werner HEIM, Defendant and Republic International Corporation, Defendant-Appellant. No. 93-16051. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 25, 1994. Before: CHOY, FARRIS, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Republic International Corporation appeals from the district court's order certifying a plaintiff class pursuant to Fed.R.Civ.P. 23(b)(2). Republic contends that the named plaintiffs could not fairly and adequately represent the class because they had a conflict of interest with some class members. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. I. 3 The plaintiffs in these three consolidated actions invested in four limited partnerships ostensibly organized to locate, extract, and process gas and oil using…