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  5. 628 F.2d 994 (1980)
 

J. H. COHN & CO. v. AM. APPRAISAL ASSOC., INC.

Nos. 79-2525, 79-2539.

628 F.2d 994 (1980)

J. H. COHN & CO. Self-Employment Retirement Trust, et al., Plaintiffs-Appellants, v. AMERICAN APPRAISAL ASSOCIATES, INC., et al., Defendants-Appellees. The EVERGREEN FUND INC., on its own behalf and on behalf of all other persons similarly situated, Petitioner, v. Hon. Robert W. WARREN, United States District Judge for the Eastern District of Wisconsin, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 1980.

Attorney(s) appearing for the Case

Robert S. Warshaw, P. C., New York City, for plaintiffs-appellants.

W. Stuart Parsons, Quarles & Brady, David J. Hase, Foley & Lardner, David J. Cannon, Milwaukee, Wis., for defendants-appellees.

Before SPRECHER, Circuit Judge, MARKEY, Chief Judge, and WOOD, Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

This case is a consolidation of two separate proceedings. In the first, No. 79-2539, The Evergreen Fund v. The Honorable Robert W. Warren, the petitioner asks this court to issue a writ of mandamus directing Judge Warren to certify the case as a class action. The second, No. 79-2525, J. H. Cohn & Co. Self-Employment Retirement Trust v. American Appraisal Associates, is an appeal from the district court's order...

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