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ZIENTS v. LaMORTE

No. 599, Docket 71-2174.

459 F.2d 628 (1972)

Alan ZIENTS et al., Plaintiffs, v. Willard J. LaMORTE et al., Defendants, Gertrude Aranow et al., Claimants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 18, 1972.

Attorney(s) appearing for the Case

Joseph Aranow, Brooklyn, N. Y. (Aranow & Koppelman, Brooklyn, N. Y., of counsel), for claimants-appellants.

Alan Palwick, New York City (Burns, Van Kirk Jube & Kafer, New York City, of counsel), for defendant-appellee Shattuck Denn Mining Corp.

Before CLARK, Associate Justice, and LUMBARD and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Guidelines for the supervision of class action suits under F.R.Civ.P. Rule 23 have been slow in evolving and scant direction has been forthcoming from appellate courts. We now must decide whether a district judge supervising the distribution of a trust fund created pursuant to a settlement of a class action should have allowed untimely claims of five class members. These claimants concededly...

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