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YAMAMOTO v. OMIYA

No. 76-1069.

564 F.2d 1319 (1977)

Frank S. YAMAMOTO, Individually and, derivatively, on behalf of Investors Finance, Inc., Appellant, v. Kazuo OMIYA et al., Appellees.

United States Court of Appeals, Ninth Circuit.

November 28, 1977.

Attorney(s) appearing for the Case

Edward A. Jaffe (argued), Honolulu, Hawaii, for appellant.

Ton Seek Pai (argued), R. Patrick Jaress (argued), Jack C. Morse (argued), Honolulu, Hawaii, for appellees.

Before ELY, HUFSTEDLER and WRIGHT, Circuit Judges.

ELY, Circuit Judge:

This interlocutory appeal presents three questions1 relating to orders entered by the District Court in a suit arising out of an allegedly deceptive proxy solicitation. We affirm the District Court's order striking the prayer for injunctive and other equitable relief, and also the court's order granting summary judgment in favor of Dr. Lee. We vacate the order denying class certification.

I.

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