OPINION OF THE COURT A. LEON HIGGINBOTHAM, JR., Circuit Judge. This litigation originated in two separate class actions, Gavalik, et al. v. Continental Can Co., C.A. No. 81-1519, filed September 18,1981, and Jakub, et al. v. Continental Can Co., C.A. No. 82-1995, filed September 27, 1982, alleging that the institution and implementation of a “liability avoidance” scheme by Continental Can (…
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