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MILLER v. MACKEY INTERNATIONAL, INC.

No. 71-1276 Summary Calendar.

452 F.2d 424 (1971)

Martin MILLER, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. MACKEY INTERNATIONAL, INC., Consolidated Securities Corp., Joseph C. Mackey, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 23, 1971.

Attorney(s) appearing for the Case

Bruce E. Lazar, Palmer & Lazar, Miami, Fla., for plaintiff-appellant.

Robert E. Venney, Miami, Fla., for defendants-appellees.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

WISDOM, Circuit Judge:

This appeal turns on the propriety of the district court's evaluating the substantive merits of a plaintiff's claims when passing on a motion for a class action and the validity of the grounds assigned in this case for the denial of a class action motion.

This case was originally filed as a class action by Martin Miller, Appellant in this Court, on behalf of himself and all others similarly situated, alleging violations of the Securities...

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