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GREENFIELD v. VILLAGER INDUSTRIES, INC.

Nos. 72-1998, 72-1999.

483 F.2d 824 (1973)

Richard D. GREENFIELD and Samuel Moshinsky, on behalf of themselves and all others similarly situated v. VILLAGER INDUSTRIES, INC., et al., Appeal of duPONT GLORE FORGAN INCORPORATED, one of the class of plaintiffs above-named, in No. 72-1998. Appeal of BURNHAM & COMPANY, Inc., an interested party and applicant in its own behalf and in behalf of its customers and accounts, in No. 72-1999.

United States Court of Appeals, Third Circuit.

Decided June 21, 1973.

Rehearing Denied July 27, 1973.

Attorney(s) appearing for the Case

Charles M. Solomon, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., and Charles H. Miller, New York City, for appellants.

Aaron M. Fine, Philadelphia, Pa., for appellees.

Charles H. Miller, Michael H. Graham, Marshall, Bratter, Greene, Allison & Tucker, New York City, for Burnham & Co., Inc.

Before VAN DUSEN, ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal presents the question whether the notice to prospective class members ordered by the district court was "the best notice practicable" under the class action rule 23(c)(2), F.R.Civ.P.

Appellants are registered owners of stock of Villager Industries, Inc., acquired during the years 1968 and 1969. Appellant Burnham is a New York investment banking and brokerage firm holding 22,972 shares of Villager...

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