Court of Appeals for the Ninth Circuit December 14, 1981, 79-4484, 80-4276 (Harold Blake and Margaret Carlson, and Cross-Defendants v. G. Ray Arnett, Simpson Timber Company, a Corporation, Cross-Plaintiff And)

DUNIWAY, Circuit Judge:

Before us are two appeals. No. 79 — 1484 is from an order of Judge Burke certifying a class of cross-defendants, appealable under 28 U.S.C. § 1292(b). No. 80-1276 is from a summary judgment of Judge Schnacke in favor of Simpson Timber Company and against plaintiffs Blake and Carlson, made appealable under Rule 54(b), F.R. Civ.P.

I.

We first consider appeal No. 80 — 4276.