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LIPSETT v. UNITED STATES

No. 320, Docket 30064.

359 F.2d 956 (1966)

Julius LIPSETT and Betty Lipsett, and Myron L. Chase and Sylvia L. Chase, on Behalf of themselves and all other similarly situated option holding employees of Ogden Corporation or its subsidiaries, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided April 29, 1966.

Attorney(s) appearing for the Case

Jerome Kurtz, Philadelphia, Pa. (Judah I. Labovitz, and Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., and Irving S. K. Chin, and Holtzmann, Wise & Shepard, New York City, on the brief), for appellants.

Harvey R. Blau, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and Laurence Vogel, Asst. U. S. Atty., Southern District of New York, on the brief), for appellee.

Before SMITH and HAYS, Circuit Judges, and CLARIE, District Judge.

J. JOSEPH SMITH, Circuit Judge:

Julius Lipsett (and Betty Lipsett) and Myron L. Chase (and Sylvia L. Chase), and proposed intervening plaintiffs appeal from an order of the United States District Court for the Southern District of New York, John M. Cannella, Judge, striking allegations in the pleadings designating the action as one brought on behalf of a class, and denying motions to intervene made by eleven persons. We find no abuse of discretion, and dismiss the...

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