18 Fair Empl.prac.cas. 105, 17 Empl. Prac.dec. P 8633samuel E. Hebert, Individually and on Behalf of All Otherssimilarly Situated, Plaintiffs-appellants, v. Monsanto Company, Texas City, Texas, et al., Defendants-appellees, 580 F.2d 178 (5th Cir. 1978)

In Hebert v. Monsanto Co., Texas City, Texas, 576 F.2d 77 (5th Cir. 1978), we entertained an appeal brought under 28 U.S.C. § 1292(a) (1) of an interlocutory order denying class action certification. Subsequently, the Supreme Court held that such orders are not appealable. Gardner v. Westinghouse Broadcasting Co., --- U.S. ----, 98 S. Ct. 2451, 57 L. Ed. 2d 364 (1978). These cases are substantially similar; both present a plaintiff seeking Inter alia injunctive relief for himself and an alleged class of victims of employment discrimination. In Gardner, the Court held that § 1292(a) (1) does not grant jurisdiction over an interlocutory appeal from an order denying class certification. "A holding that such an order falls within § 1292(a) (1) would compromise 'the integrity of the congressional policy against piecemeal appeals.' " --- U.S. at ----, 98 S. Ct. at 2454. In light of the Court's ruling, we vacate our opinion and dismiss the appeal for want of jurisdiction.

Dismissed.