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CATENA v. CAPITOL INDUSTRIES, INC.

No. 74-2555.

543 F.2d 77 (1976)

Rocco CATENA, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. CAPITOL INDUSTRIES, INC., a New York Corporation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 7, 1976.

Attorney(s) appearing for the Case

Edith S. Newman (argued), Arleta, Cal., David B. Gold (argued), San Francisco, Cal., for plaintiff-appellant.

Peter K. Shack (argued), Los Angeles, Cal., James H. Schropp, Atty. (argued), Securities & Exchange Commission, Washington, D.C., for defendants-appellees.

Before DUNIWAY and ELY, Circuit Judges, and SOLOMON, District Judge.

DUNIWAY, Circuit Judge:

Catena appeals from an order of the district court prescribing the form of the notice to be sent to all members of the plaintiff class. We conclude that the order is not appealable and dismiss the appeal.

Catena brought the underlying action on behalf of himself and all others who purchased Capitol Industries stock between June, 1969 and December, 1971. He alleged that Capitol, its officers...

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