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IN RE ALLEGHANY CORP.

No. 80-1428.

634 F.2d 1148 (1980)

In re ALLEGHANY CORPORATION, a corporation; Alleghany-IDS Corporation, a corporation; John J. Burns, Jr.; Allan P. Kirby, Jr.; F. M. Kirby; D. P. Boothe, Jr.; Charles R. Orem; Stuart F. Silloway; Paul Woodberry; and Salomon Brothers, a partnership, Petitioners.

United States Court of Appeals, Eighth Circuit.

Decided December 3, 1980.

Attorney(s) appearing for the Case

Peter Dorsey, argued, Harold D. Field, Jr., argued, Charles A. Mays, Kenneth H. Prochnow, Leonard, Street & Deinard, Minneapolis, Minn., for petitioners Alleghany Corp., Alleghany-IDS Corp., John J. Burns, Jr., Allan P. Kirby, Jr. and F. M. Kirby.

Cochrane & Bresnahan by John A. Cochrane, argued, Mary F. Seymour, St. Paul, Minn., and Dean Carlton, argued, The Carlton Firm, Dallas, Tex., for respondents-plaintiffs.

Before ROSS, Circuit Judge, GIBSON, Senior Circuit Judge, and STEPHENSON, Circuit Judge.

GIBSON, Senior Circuit Judge.

The defendants in this securities lawsuit involving the 1979 merger of Alleghany Corporation and Investors Diversified Services, Inc. (IDS) petition this court for a writ of mandamus directing District Court Judge Miles W. Lord1 to vacate his orders providing for plaintiff class certification and class notice and to enter an order denying class certification. We deny the petition.

I.

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