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SUSMAN v. LINCOLN AMERICAN CORP.

Nos. 77-1145, 77-1146.

561 F.2d 86 (1977)

Michael SUSMAN, Plaintiff-Appellant, v. LINCOLN AMERICAN CORP. et al., Defendants-Appellees. Ann FLAMM and Arnold Flamm, Plaintiffs-Appellants, v. Rudolph EBERSTADT, Jr. and Microdot, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 31, 1977.

Attorney(s) appearing for the Case

Arthur T. Susman, Thomas R. Meites, Chicago, Ill., for plaintiffs-appellants.

Randall L. Mitchell, Andrew R. Laidlaw, Chicago, Ill., for defendants-appellees.

Before PELL, BAUER and WOOD, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

In the two cases consolidated for our consideration, appellants contest the validity of the district court's judgment denying certification of their class action.1 In each case the district judge ruled pursuant to Fed.R.Civ.P. 23(a)(4)2 that the class representative would not fairly and adequately protect the interests of the class. For the following reasons, the judgment...

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