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WECHSLER v. SOUTHEASTERN PROPERTIES, INC.

Nos. 151 and 252, Dockets 74-1596 and 74-1655.

506 F.2d 631 (1974)

Stuart D. WECHSLER, on behalf of himself and all others similarly situated, Plaintiff-Appellant-Appellee, v. SOUTHEASTERN PROPERTIES, INC., Defendant-Appellee-Appellant, Monarch Funding Corp., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 4, 1974.

Attorney(s) appearing for the Case

Edward Labaton, New York City (Douglas A. Cooper, Shatzkin & Cooper, New York City, of counsel), for plaintiff-appellant-appellee.

Arnold I. Burns, New York City (John L. Amabile, Carl G. Bartholomaus, Schwartz, Burns, Lesser & Jacoby, New York City, of counsel), for defendant-appellee Southeastern Properties, Inc.

Marvin Luboff, New York City (Kane, Kessler, Proujansky, Preiss & Permutt, P. C., New York City, of counsel), for defendant-appellee Monarch Funding Corp.

Charles J. Acker, New York City (Allan I. Kornblau, Hart & Hume, New York City, of counsel), for defendants-appellees James Henry and Henry, Mc-Cord, Forrester & Richardson.

Howard J. Goldstein, New York City, for defendant-appellee Schneider & Baratta.

Before HAYS, ANDERSON and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

Stuart D. Wechsler appeals from a district court opinion and order dated April 4, 1974, 63 F.R.D. 13, denying his application for attorney's fees and costs in a securities fraud action after it had been mooted by the New York State Attorney General's settlement of an independent action which the Attorney General had instituted as the result of his own earlier investigation into the same conduct....

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