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LEVINE v. CHESAPEAKE & OHIO

60 A.D.2d 246 (1977)

Abraham Levine et al., Appellants, v. Chesapeake and Ohio Railroad Company et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1977

Attorney(s) appearing for the Case

Sidney B. Silverman of counsel (Joan T. Harnes and Martin H. Olesh with him on the brief; Silverman & Harnes and Levy & Sonet, attorneys), for appellants.

Louis C. Lustenberger, Jr., of counsel (John P. Hennigan, Jr., with him on the brief; Donovan Leisure Newton & Irvine, attorneys), for respondents.

LUPIANO, J. P., BIRNS and EVANS, JJ., concur.

SILVERMAN, J.

Plaintiffs appeal from an order of the Supreme Court dismissing the complaint pursuant to CPLR 3211 (subd [a], par 7) for failure to state a cause of action, and denying plaintiffs' motion for class action certification, pursuant to CPLR 902, as moot. We affirm.

Plaintiffs are the holders of $644,000 face amount of convertible 4½% income bonds issued by Baltimore & Ohio Railroad...

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