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VAN GEMERT v. BOEING CO.

No. 551, Docket 77-7547.

590 F.2d 433 (1978)

William R. VAN GEMERT, et al., Plaintiffs-Appellees, v. The BOEING COMPANY (formerly The Boeing Airplane Company), et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 21, 1978.

Attorney(s) appearing for the Case

Davis, Polk & Wardwell, New York City, for defendants-appellants.

Kass, Goodkind, Wechsler & Gerstein, New York City (Stuart D. Wechsler, William A. Kass, Robert S. Churchill, Samuel K. Rosen, Joseph V. Sternberg, New York City, of counsel), Nathan, Mannheimer, Asche, Winer & Friedman, New York City (Norman Winer, New York City, of counsel), Irving Steinman, New York City, for plaintiffs-appellees.

Louis J. Lefkowitz, Atty. Gen. of State of N.Y., New York City (Samuel A. Hirshowitz, First Asst. Atty. Gen., Warren M. Goidel, Carole L. Weidman, Arthur B. Wolfish, New York City, of counsel), for New York State Dept. of Audit and Control, amicus curiae.

George J. Solleder, Jr., Sp. Master, New York City, amicus curiae.

Before KAUFMAN, Chief Judge, and FEINBERG, MANSFIELD, MULLIGAN, OAKES, TIMBERS, GURFEIN, VAN GRAAFEILAND and MESKILL, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

Attorneys litigating class actions have been variously described as "economically rational entrepreneurs," champions of aggrieved individuals for whom a conventional lawsuit would not be feasible, and the recipients of a "golden harvest of fees." These diverse perspectives, however, are united by a common theme of which we are not unaware. The conduct of class action litigation is affected by the principles governing the compensation...

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