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HORNREICH v. PLANT INDUSTRIES, INC.

No. 74-2269.

535 F.2d 550 (1976)

Harold HORNREICH, on behalf of himself and all other shareholders of Plant Industries, Inc., a Delaware Corporation, Appellant, v. PLANT INDUSTRIES, INC., a Delaware Corporation, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

May 21, 1976.

Attorney(s) appearing for the Case

Harvey F. Grant (argued), of Caditz & Grant, Beverly Hills, Cal., for appellant.

Louis A. Craco (argued), of Willkie, Farr & Gallagher, New York City, for appellees.

Before CHAMBERS, DUNIWAY and KILKENNY, Circuit Judges.

OPINION

KILKENNY, Circuit Judge:

This is an appeal from a judgment denying appellant relief in a class action prosecuted under the provisions of Rule 23.1 F.R. Civ.P., on the ground that under the facts as presented he could not fairly and adequately represent other shareholders of Plant Industries, Inc. [Plant].

PROCEDURAL BACKGROUND

After the filing of appellant's complaint under the mentioned rule, the appellees filed a motion for judgment...

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