GELMAN v. WESTINGHOUSE ELEC. CORP.

No. 77-1170.

556 F.2d 699 (1977)

George GELMAN v. WESTINGHOUSE ELECTRIC CORPORATION et al. George SHULOF, suing on behalf of himself and all other persons similarly situated v. WESTINGHOUSE ELECTRIC CORPORATION. Paul E. SLATER, on behalf of himself and all other persons similarly situated v. WESTINGHOUSE ELECTRIC CORPORATION, a Pennsylvania Corporation, et al. George Gelman, Fannie Mann, George Shulof and Paul E. Slater, plaintiffs in the above-captioned consolidated actions, suing on behalf of themselves and all other persons similarly situated, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 6, 1977.

As Amended June 29, 1977.


Attorney(s) appearing for the Case

Gene Mesh, Gene Mesh Co., L.P.A., Cincinnati, Ohio, Roslyn M. Litman, Litman, Litman, Harris & Specter, P. A., Pittsburgh, Pa., Harold R. Schmidt, Raymond G. Hasley, John H. Riordan, Jr., Rose, Schmidt & Dixon, Pittsburgh, Pa., Edward Nathan, Berthold H. Hoeniger, New York City, for appellants.

John W. Douglas, Peter J. Nickles, Covington & Burling, Washington, D. C., David B. Fawcett, Jr., Thomas W. Smith, Dickie, McCamey & Chilcote, Pittsburgh, Pa., Frank L. Seamans, J. Gary Kosinski, Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for appellees.

Before VAN DUSEN, GIBBONS and GARTH, Circuit Judges.


Submitted Under Third Circuit Rule 12(6) March 28, 1977.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Appellants are plaintiffs in three consolidated cases pending in the Western District of Pennsylvania against Westinghouse Electric Corporation and certain of its officers and agents, alleging claims arising under § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Securities and Exchange Commission Rule 10b-5, 17 C...

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