BERRY PETROLEUM COMPANY v. ADAMS & PECK

No. 805, Docket 74-2588.

518 F.2d 402 (1975)

BERRY PETROLEUM COMPANY, an Arkansas Corp. (Dissolved), et al., Plaintiffs-Appellants, v. ADAMS & PECK et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 23, 1975.


Attorney(s) appearing for the Case

Edward Lester, Little Rock, Ark. (Lester & Shults, Little Rock, Ark., Oliver M. Clegg, Keith, Clegg & Eckert, Magnolia, Ark., Stephen Philbin, Locke, Purnell, Boren, Laney & Neely, Dallas, Tex., on the brief), for plaintiffs-appellants Berry Petroleum Co., an Arkansas Corp. (Dissolved), J. E. O'Daniel, Yvonne Law, McAlester Fuel Company, and Gerland P. Patten & Co., Inc.

P. B. Konrad Knake, New York City (White & Case, New York City, on the brief), for defendant-appellee Arthur Young & Co.

R. B. Block, New York City (Pomerantz, Levy, Haudek & Block, New York City, on the brief), for defendants-appellees Kleiner Bell Group.

John J. Loflin, New York City (Lord, Day & Lord and R. Scott Greathead, New York City, on the brief), for defendant-appellee American Stock Exchange, Inc.

Holtzmann, Wise & Shepard, New York City, on the brief, for defendant-appellee Allen & Co., Inc.

Davis, Polk & Wardwell, New York City, Dearborn & Ewing, Nashville, Tenn., Burgoyne, Michels, Rose & Williamson, New York City, on the brief, for defendants-appellees Peter Huang, H. Igor Ansoff, and Gottfried von Meyern Hohenberg.

Before LUMBARD, HAYS and MULLIGAN,


LUMBARD, Circuit Judge:

Plaintiffs appeal from a summary judgment entered August 19, 1974, in the Southern District which dismissed their class-action complaint. They argue that the district court erred in concluding, inter alia, that their action was barred by the statute of limitations and that all but four of the named plaintiffs were also barred by the res judicata effect of a prior judgment with respect to 20 of the 28 defendants. We affirm...

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