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PELELAS v. CATERPILLAR TRACTOR CO.

No. 7181.

113 F.2d 629 (1940)

PELELAS v. CATERPILLAR TRACTOR CO.

Circuit Court of Appeals, Seventh Circuit.

June 27, 1940.

Attorney(s) appearing for the Case

Marvin C. Harrison, Homer H. Marshman and Charles W. Steadman, all of Cleveland, Ohio, and Clyde C. Trager, of Peoria, Ill., (Harrison & Marshman, of Cleveland, Ohio, of counsel), for appellant.

Frank T. Miller, Eugene R. Johnson, and Donald G. Beste, all of Peoria, Ill., (Miller, Elliott & Westervelt, of Peoria, Ill., of counsel), for appellee.

Before MAJOR and TREANOR, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Plaintiff appeals from a judgment dismissing his second amended complaint upon motion of defendant. Plaintiff termed his suit a "spurious" class action. Rules of Federal Procedure 23 (a) (3), 28 U.S.C.A. following section 723c. The District Court [30 F.Supp. 176] concluded that he had failed to state a valid claim and was not such a party as would "fairly insure the adequate representation of all" those constituting the alleged class, as required...

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