HADDAD v. CROSBY CORP.

No. 74-1347.

533 F.2d 1247 (1976)

Genevieve M. HADDAD, Individually and Representatively on Behalf of All Others Similarly Situated, Appellant, v. The CROSBY CORPORATION et al.

United States Court of Appeals, District of Columbia Circuit.

Decided April 6, 1976.


Attorney(s) appearing for the Case

Eugene J. Metzger and Carl W. Schwarz, Washington, D. C., were on the brief for appellant.

Lee Loevinger and David J. Saylor, Washington, D. C., were on the brief for appellees Bache & Co., Inc., Blythe Eastman Dillon & Co., Dean Witter & Co., Inc., Hayden Stone, Inc., Hornblower & Weeks-Hemphill, Noyes, Inc., E. F. Hutton & Co., Inc., W. E. Hutton & Co., Merrill Lynch, Pierce, Fenner & Smith, Inc., Paine, Webber, Jackson & Curtis, Inc., Reynolds Securities Inc., and Thomson & McKinnon Auchincloss, Inc.

Robert E. Jensen and Richard M. Phillips, Washington, D. C., were on the brief for appellees Wellington Management Co.

J. Sumner Jones, Washington, D. C., was on the brief for appellees Institutional Equity Corp. and Summit Management & Research Corp.

William H. Jeffress, Jr., Washington, D. C., was on the brief for appellees Vance, Sanders & Company, Inc.

Michael H. Diamond, New York City, was on the brief for appellees The Crosby Corp., Fidelity Management & Research Co., Edward C. Johnson, II, Edward C. Johnson, III, C. Rodgers Burgin, William L. Byrnes, Alfred B. Cornell, Gilbert H. Hood, Jr., George K. McKenzie, George S. McEwan, Horace Schermerhorn, D. George Sullivan and Caleb Loring Jr.

John T. Tansey, Washington, D. C., was on the brief for appellees Piedmont Capital Corp. and Lexington Management Corp.

Rodney F. Page, Washington, D. C., was on the brief for appellee American Funds Distributors, Inc.

Edgar H. Brenner and Kenneth A. Letzler, Washington, D. C., were on the brief for appellee Investment Co. Institute.

Joseph B. Levin, Washington, D. C., was on the brief for appellee Nat. Ass'n of Securities Dealers, Inc.

Before BAZELON, Chief Judge, WILKEY, Circuit Judge, and MERHIGE, Judge, United States District Court for the Eastern District of Virginia.


PER CURIAM:

This appeal arises out of District Judge Corcoran's dismissal1 of a broadly based private antitrust action2 against numerous individuals and organizations associated with load mutual funds, or the distribution or trading of their shares.3 The primary thrust of the complaint is that defendants have conspired to restrain competition in the trading of mutual fund shares...

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