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KAHAN v. ROSENSTIEL

No. 18120.

424 F.2d 161 (1970)

Alexander KAHAN, on behalf of himself and all others similarly situated, Appellant, v. Lewis ROSENSTIEL et al.

United States Court of Appeals, Third Circuit.

Decided February 20, 1970.

On Rehearing March 20, 1970.

Certiorari Denied June 8, 1970.

Attorney(s) appearing for the Case

Bruce W. Kauffman, Dilworth, Paxson, Kalish, Kohn & Levy, Philadelphia, Pa. (Prickett, Ward, Burt & Sanders, Wilmington, Del., Alexander Kahan, New York City, David Pittinsky, Philadelphia, Pa., William Prickett, Rodman Ward, Jr., Wilmington, Del., on the brief), for appellant.

S. Samuel Arsht, Morris, Nichols, Arsht & Tunnell, Wilmington, Del. (Strasser, Spiegelberg, Fried & Frank, New York City, Rubin, Wachtel, Baum & Levin, New York City, Walter K. Stapleton, Wilmington, Del., on the brief), for Glen Alden Corporation and Meshulam Riklis, appellees.

Richard F. Corroon, Potter, Anderson & Coroon, Wilmington, Del., on the brief, for appellees Dorothy H. and Lewis Rosenstiel Foundation and others.

Before McLAUGHLIN, FREEDMAN, and ADAMS, Circuit Judges.

Certiorari Denied June 8, 1970. See 90 S.Ct. 1870.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This is an appeal from the order of the District Court for the District of Delaware dismissing the petition of plaintiff, Alexander Kahan, for counsel fees and expenses arising out of his individual and representative actions against defendants for violation of § 10(b) of the Securities Exchange Act of 1934 and Rule 10b-51

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