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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)

Citation
Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)
Parent Document
Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)
Effective Date
2003-11-19

Other Sections in This Document (58)

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The Eleventh Circuit concluded that "although we recognize that the district court failed to properly certify a class, we conclude, nevertheless, that an "implied class" exists." Id. at 1049. We find Bush inapplicable here, not only because no issue was ever raised in Bush that the plaintiffs' claims had become moot, but also because the plaintiffs in Bush had sought certification, the magistrate judge had recommended certification, and the district court had certified the class. Here, class certification was neither sought by the Browns nor granted by the District Court, and none of the requirements and findings necessary to certify a class have ever been met or made here.