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NAT. STUDENT MARKETING LITIG. v. BARNES PLAINTIFFS

No. 74-1858.

530 F.2d 1012 (1976)

In re NATIONAL STUDENT MARKETING LITIGATION v. The BARNES PLAINTIFFS, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 16, 1976.

Attorney(s) appearing for the Case

Benjamin Gassman, Washington, D.C., for appellants.

Charles M. McCaghey, New York City, with whom John Logan O'Donnell, New York City, was on the brief for appellee National Student Marketing Corp. Mathias E. Mone, Washington, D.C., and Miles M. Tepper, New York City, were on the brief for appellee Peat, Marwick, Mitchell & Co.

Before LUMBARD, Senior Circuit Judge for the Second Circuit, and TAMM and WILKEY, Circuit Judges.

LUMBARD, Circuit Judge:

Esther Barnes and 37 other appellants, onetime stockholders in National Student Marketing Corporation (NSMC), seek review of an order of the district court for the District of Columbia, dated July 1, 1974, denying their motion for exclusion from two class actions then pending in that court, Garber v. Randall and Natale v. National Student Marketing Corporation, six months after the opt-out period had expired. Judge Parker found...

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