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IN RE FINE PAPER ANTITRUST LITIGATION

Nos. 82-1033, 82-1034.

695 F.2d 494 (1982)

In re FINE PAPER ANTITRUST LITIGATION. Appeal of ALCO STANDARD CORPORATION and certain independent merchants [Alling & Cory Company; Carpenter Paper of Nebraska; Lindenmeyr Paper Corporation; Saxon Industries, Inc.; W.B. Killhour & Sons, Inc.; Ingram Paper Company; Jim Walter Company (Graham Paper Company)].

United States Court of Appeals, Third Circuit.

Decided December 9, 1982.

Attorney(s) appearing for the Case

Howard D. Scher (argued), E. Jeffrey Walsh, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for Alco Standard Corp.

Gordon J. Lipson, Goldstein, Goldman, Kessler & Underberg, Rochester, N.Y., for Alling & Cory Co.

Marcus Mattson, Robert P. Mallory (argued), Lawler, Felix & Hall, Los Angeles, Cal., for Ingram & Co. d/b/a Ingram Paper Co.

Harold E. Kohn (argued), Dianne M. Nast, Kohn, Savett, Marion & Graf, P.C., Philadelphia, Pa., for plaintiff Class Representatives, Magazine Management Co. Inc., et al., appellees.

Before WEIS, BECKER and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

These appeals challenge the effect of a district court certification order that excluded a number of putative members from a plaintiff class. We conclude that the order was unambiguous, and its explicit denial of membership to designated entities, which included appellants, severed their connection with the case. Moreover, in the absence of timely intervention, appellants lacked standing to move for reformation of...

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