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KRANTZ v. PRUDENTIAL INVESTMENTS FUND MANAGEMENT

No. 02-1266.

305 F.3d 140 (2002)

Sheldon KRANTZ, Appellant v. PRUDENTIAL INVESTMENTS FUND MANAGEMENT LLC; Prudential Investment Management Services LLC

United States Court of Appeals, Third Circuit.

Filed August 30, 2002.

Attorney(s) appearing for the Case

Joel C. Feffer (Argued), Daniella Quitt, Weschsler, Harwood, Halebian and Feffer, LLP, New York, for Appellant.

James N. Benedict (Argued), Mark Holland, Sean M. Murphy, Mary K. Dulka, Clifford, Chance, Rogers and Wells, New York, NY, Herbert J. Stern, Joel M. Silverstein, Stern, Greenberg, and Kilcullen, Roseland, NJ, for Appellees.

Before: BECKER, Chief Judge, ROTH and RENDELL, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Plaintiff, a shareholder in the Prudential Jennison Growth Fund (the "Fund"), brought this action pursuant to § 36(b) of the Investment Company Act of 1940, as amended (the "ICA"), 15 U.S.C. § 80a-35(b), against Prudential Investment Fund Management LLC, the investment adviser to the Fund (the "adviser"), and Prudential Investment Management Services LLC (collectively, "Prudential").1

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