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RUSKAY v. WADDELL

No. 213, Docket 76-7270.

552 F.2d 392 (1977)

Sophie RUSKAY et al., Plaintiffs-Appellants, v. Chauncey L. WADDELL et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 17, 1977.

Attorney(s) appearing for the Case

Abraham L. Pomerantz, New York City (Pomerantz Levy Haudek & Block, William E. Haudek, New York City, of counsel), for plaintiffs-appellants.

Albert D. Jordan, New York City (Cole & Deitz, Martin S. Berglas, Robert M. Kerrigan, New York City, of counsel), for defendants-appellees Merriman, Roach, Valicenti and Waddell & Reed, Inc.

Marvin Schwartz, New York City (Sullivan & Cromwell, Susan J. McCone, New York City, of counsel), for defendant-appellee Chauncey L. Waddell.

Kelley Drye & Warren, New York City, on the brief, for defendant-appellee United Funds, Inc.

Before MANSFIELD, VAN GRAAFEILAND and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

This case arises out of the sale of the stock of an investment advisory company, a class of transaction that has spawned more than its share of unusually complex litigation. The instant appeal, the latest chapter in a series of class and stockholder actions concerning a large mutual fund, is no exception.

The mutual fund in question is United Funds, Inc. ("United"). Prior to 1969, the investment advisor of United was Waddell & Reed...

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