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SCHLICK v. PENN-DIXIE CEMENT CORP.

No. 560, Docket 76-7439.

551 F.2d 531 (1977)

John SCHLICK, Individually and on behalf of all purchasers of the common stock of Continental Steel Corporation similarly situated, Plaintiff-Appellee, v. PENN-DIXIE CEMENT CORPORATION et al., Defendants, Penn-Dixie Industries, Inc. (formerly Penn-Dixie Cement Corporation), et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 17, 1977.

Attorney(s) appearing for the Case

Marc P. Cherno, New York City (Alan J. Russo, Fried, Frank, Harris, Shriver & Jacobson, New York City, Joseph H. Einstein, Aranow, Brodsky, Bohlinger, Benetar & Einhorn, New York City, of counsel), for defendants-appellants.

Jeffrey L. Zivyak, New York City (Berman & Zivyak, New York City, of counsel), for plaintiff-appellee.

Before MANSFIELD, GURFEIN and MESKILL, Circuit Judges.

GURFEIN, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York (Judge Charles Metzner), based on the recommendation in a written opinion by Magistrate Schreiber, certifying a class action under Fed.R.Civ.P. 23(c)(1) and designating plaintiff John Schlick as the class representative. We have previously sustained the original complaint which charged, inter alia, violations of the Securities Exchange...

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