OPPENHEIMER et al.
v.
F. J. YOUNG & CO., Inc., et al.
Circuit Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
August 1, 1944.
August 1, 1944.
Attorney(s) appearing for the Case
Davidson & Mann, of New York City (Gustave B. Garfield, of New York City, of counsel), for plaintiffs-appellants.
Willkie, Owen, Otis, Farr & Gallagher, of New York City (Mark F. Hughes and Alfred J. Callahan, both of New York City, of counsel), for F. J. Young & Co., Inc. and Fred J. Young, defendants-appellees.
Wright, Gordon, Zachry, Parlin & Cahill, of New York City (William W. Dulles, Fred J. Knauer, and Lawrence J. McKay, all of New York City, of counsel), for White, Weld & Co., defendant-appellee.
Roger S. Foster, Sol., Milton V. Freeman, Asst. Sol., Louis Loss, Sp. Counsel, and David Ferber, Atty., for Securities and Exchange Commission, all of Philadelphia, Pa., appearing as amicus curiae.
Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.
Circuit Court of Appeals, Second Circuit.
AUGUSTUS N. HAND, Circuit Judge.
This suit was brought as a spurious class action and is sought to be sustained under Federal Rule 23(a) (3) 28 U.S.C.A. following section 723c.1 The plaintiffs, after two unsuccessful attempts to set forth their claim in the form of a spurious class action, filed a second amended complaint which was dismissed by the District Court on the ground that the plaintiffs...
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