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OCHS v. RUTTENBERG

Nos. 75 Civ. 4455-CLB, 74 Civ. 4944-CLB.

446 F.Supp. 145 (1978)

Samuel OCHS, Plaintiff, v. Derald H. RUTTENBERG et al., Defendants. Roy SMOLEK, Plaintiff, v. Derald H. RUTTENBERG et al., Defendants.

United States District Court, S. D. New York.

February 23, 1978.

Attorney(s) appearing for the Case

Nemser & Nemser by Stanley Nemser, New York City, for plaintiffs.

Shearman & Sterling by William B. Pennell and William H. Forsyth, Jr., New York City, Schiff Hardin & Waite by Mitchell S. Rieger and Richard J. Hoskins, Chicago, Ill., for defendants.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

The second above entitled action (hereinafter the Smolek action) was filed initially as a class action in the Northern District of Illinois on February 27, 1974. While a motion was pending in that district to declare that the litigation proceed as a class action, the case was transferred to this district pursuant to 28 U.S.C. § 1404(a) by order dated October 29, 1974. While the undetermined class...

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