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ZIMMER PAPER PRODUCTS, INC. v. BERGER & MONTAGUE

No. 84-1368.

758 F.2d 86 (1985)

ZIMMER PAPER PRODUCTS INCORPORATED, Appellant, v. BERGER & MONTAGUE, P.C.; David Berger; Gross & Sklar Associates; Warren Rubin; Rawle & Henderson; Avram G. Adler; Marvin I. Barish; Arnold Levin; Howard J. Creskoff; Kohn, Savett, Marion & Graf, P.C.; Harold Kohn; Fine, Kaplan & Black, General Packaging Products, Inc.; Melvin J. Schwartz Corporation, Inc., formerly Commercial Card & Paper Company, Inc.; Anchor Paper Co.; and the Ajax Paper Tube Company.

United States Court of Appeals, Third Circuit.

Decided March 22, 1985.

Rehearing and Rehearing Denied April 19, 1985.

Attorney(s) appearing for the Case

R. Stanley Lawton (argued), Donald G. Sutherland, Kyle E. Lanham, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., Bonnie Brigance Leadbetter, Flora L. Becker, Leadbetter & Becker, Philadelphia, Pa., for appellant.

Bruce W. Kauffman (argued), John F. Smith, III, Alexandra D. Sandler, Anne Marie P. Kelley, Philadelphia, Pa., for Berger & Montague, P.C., et al.; Dilworth, Paxson, Kalish & Kauffman, of counsel.

Arthur E. Newbold, IV (argued), Lisa M. Scottoline, Philadelphia, Pa., for Fine, Kaplan & Black, et al.; Dechert, Price & Rhoads, of counsel.

Before ADAMS and WEIS, Circuit Judges, and HARRIS, District Judge.

Rehearing and Rehearing In Banc Denied April 19, 1985.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The proper elements of notice to class members are a concern in almost every class action; consequently, the interrelated notice requirements of due process and Fed.R.Civ.P. Rule 23 have been frequently litigated. This case, however, raises the question of the adequacy of class notice in a novel context.

Zimmer Paper Products, Incorporated, a...

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