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KORN v. FRANCHARD CORPORATION

Docket 35578, 71-1221.

443 F.2d 1301 (1971)

Ruth KORN, individually and as executrix of the Estate of Ben Korn, deceased, on behalf of herself and all other Purchasers and Holders of Limited Partnership Interests in 63 Wall Associates similarly situated, Plaintiff-Appellant, v. FRANCHARD CORPORATION et al., Defendants-Respondents, and Murray Wechsler, et al., Intervening Plaintiffs. Madeline MILBERG, Plaintiff, v. WESTERN PACIFIC RAILROAD COMPANY, and Dow Jones & Company, Inc., trading under the name of Barron's Weekly, Defendants.

United States Court of Appeals, Second Circuit.

Decided May 20, 1971.

Attorney(s) appearing for the Case

George A. Weissblum, Yonkers, N. Y., for intervening plaintiffs Morris Weissblum, Henrietta Weissblum, Jack Edelman, Flo Edelman, Benjamin Edelman, Sylvia Edelman and Celia Diamond.

Lifshutz & Kahn, Gerald Kahn, New York City, for intervening plaintiff Murray Wechsler.

Avrom S. Fischer, Brooklyn, N. Y., for plaintiff-appellant Madeline Milberg.

Olwine, Connelly, Chase, O'Donnell & Weyher, John Logan O'Donnell, James E. Tolan, New York City, for defendant Western Pacific Railroad Co.

Patterson, Belknap & Webb, Robert D. Sack, New York City, for defendant Dow Jones & Co., Inc.

Herbert Brownell, New York City (Lord, Day & Lord, Wendell Davis, Jr., New York City, on the brief), for plaintiff-appellant Ruth Korn.

George A. Spiegelberg, New York City (Fried, Frank, Harris, Shriver & Jacobson, New York City, on the brief), for defendants-appellees Louis A. Siegel and Seymour Young.

Simpson Thacher & Bartlett, Peter J. Schlesinger, New York City, for defendants Franchard Corp. and Glickman Servicing Corp.

Before LUMBARD, Chief Judge, FRIENDLY and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

In these two cases we have the threshold issue whether an order denying class suit designation is appealable. Accordingly, after hearing argument in each case on a motion to dismiss raising that issue, we consolidated the motions for the purpose of decision. In the first case, Ruth Korn sues individually and as executrix of the estate of Ben Korn, for alleged violations of the federal securities acts, the New York State General Business Law...

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