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ZAHN v. INTERNATIONAL PAPER COMPANY

No. 742, Docket 71-2157.

469 F.2d 1033 (1972)

H. Keith ZAHN et al., Plaintiffs-Appellants, v. INTERNATIONAL PAPER COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 7, 1972.

Rehearing Denied October 18, 1972.

Attorney(s) appearing for the Case

Mark L. Sperry, Middlebury, Vt. (Langrock & Sperry, Middlebury, Vt.), for plaintiffs-appellants.

Taggart Whipple, New York City (Davis, Polk & Wardwell, Richard E. Nolan, William H. Levit, Jr., and Ronald V. Bryant, New York City, of counsel), and Black & Plante, White River Junction, Vt. (Henry F. Black and George W. Ray, Jr., White River Junction, Vt., of counsel), for defendant-appellee.

Before MOORE, SMITH and TIMBERS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

We are confronted with the novel question whether a diversity case will be allowed to proceed as a class action under Fed.R.Civ.P. 23 (b) (3) when the named plaintiffs meet the jurisdictional amount requirement of 28 U.S.C. § 1332 (a) but the unnamed representatives of the class do not.1 That question was answered in the negative by the late Chief Judge Leddy...

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