MILLER v. MACKEY INTERNATIONAL, INC.

No. 74-2547.

515 F.2d 241 (1975)

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

United States Court of Appeals, Fifth Circuit.

June 30, 1975.


Attorney(s) appearing for the Case

Bruce E. Lazar, and Robert Palmer of Palmer & Lazar, Miami, Fla. and I. Stephen Rabin of Rabin & Silverman, New York City, for plaintiff-appellant.

Robert E. Venney, Gunn, Venney & Buhler, Miami, Fla., for defendants-appellees.

Before BELL, DYER and SIMPSON, Circuit Judges.


PER CURIAM:

In a class action brought against Mackey for violation of the Securities Act of 1933 and the Securities Exchange Act of 1934, a settlement was eventually consummated for $50,000 cash and 250,-000 shares of common stock of Mackey having a market value of $1.50 per share or $375,000, for a total of $425,000. In their application for fees, counsel for the plaintiffs requested that the district court award them one-third of the recovery. The court, however...

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