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SIROTA v. ECONO-CAR INTERN., INC.

No. 1106, Docket 76-7492.

556 F.2d 676 (1977)

Dr. David SIROTA, Frances Naison, Ida Sirota and John P. Lycette, Jr., Plaintiffs, v. ECONO-CAR INTERNATIONAL, INC., Westinghouse Electric Corporation, James W. Crowley, Berrien H. Becks, and Berrien H. Becks, William Frank O'Rourke, and Florida Bank and Trust Company at Daytona Beach, as Executors of the Estate of Guy B. Odum, Defendants. James W. CROWLEY and Berrien H. Becks, Third-Party Plaintiffs, v. POWELL, GOLDSTEIN, FRAZER & MURPHY, a partnership, Third-Party Defendant. ABRAHAM & CO., INC., Claimant-Appellant, v. SPINGARN & CO., INC. and Satnick-Japha, Inc., Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 6, 1977.

Attorney(s) appearing for the Case

Elias Rosenzweig, New York City (Harvey J. Ishofsky, Brauner, Baron, Rosenzweig, Kligler & Sparber, New York City, of counsel), for claimant-appellant.

Jane F. Greenman, New York City (John W. Herz, Wolf, Haldenstein, Adler, Freeman & Herz, New York City, of counsel), for claimants-appellees.

Before KAUFMAN, Chief Judge, CLARK, Associate Justice and JAMESON, District Judge.

IRVING R. KAUFMAN, Chief Judge:

In this case, the respective rights of rival claimants to participate in a fund created by settlement of a securities class action depends upon who owned certain securities on a specific day, November 2, 1971. A careful analysis of the complex dealings between the parties has convinced us that the appellees, Spingarn & Co. and Satnick-Japha, Inc., were, on that day, the beneficial owners...

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