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GREEN v. WOLF CORPORATION

No. 82, Docket 32335.

406 F.2d 291 (1968)

Leon GREEN, on behalf of himself and all others similarly situated, Appellant, v. WOLF CORPORATION, Joseph Wolf, Joseph Eckhaus, Leon Spilky, David Berdon & Co., and Troster, Singer and Co., Appellees.

United States Court of Appeals Second Circuit.

Decided December 9, 1968.

Attorney(s) appearing for the Case

Irving Malchman, New York City (Malchman & Klied, New York City, on the brief), for appellant.

George F. Adams, New York City (F. W. H. Adams, Satterlee, Warfield & Stephens, New York City, on the brief), for appellee, Troster, Singer & Co.

Milton E. Mermelstein, New York City (Jay D. Fischer, Mermelstein, Burns & Lesser, New York City, on the brief), for appellees, Wolf Corp., Joseph Wolf, Joseph Eckhaus and Leon Spilky.

Gerald D. Fischer, New York City (Stroock, Stroock & Lavan, New York City, on the brief), for appellee, David Berdon & Co.

Before LUMBARD, Chief Judge, and KAUFMAN and HAYS, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

We are called upon to decide two significant questions relating to § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5: Under what circumstances does Fed.R. Civ.P. 23 permit a class action alleging a violation of 10b-5? And, may punitive damages be assessed against those who do not meet the standards of conduct required by that rule?

Leon Green appeals from an order of the District...

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