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WARREN v. RESERVE FUND, INC.

No. 82-1697.

728 F.2d 741 (1984)

Henry Lee WARREN, Plaintiff-Appellant Cross-Appellee, v. The RESERVE FUND, INC., Reserve Management Corporation, Harry B.R. Brown and Bruce R. Bent, Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 17, 1984.

Attorney(s) appearing for the Case

Steven A. Sinkin, San Antonio, Tex., Susman & McGowan, Terrell W. Oxford, James Thomas McCartt, Houston, Tex., Herbert B. Newberg, Philadelphia, Pa., for plaintiff-appellant cross-appellee.

Salmanson, Smith & Mouer, Thomas M. Booker, Robert O. Smith, Austin, Tex., Grutman & Schafrann, Vito C. Casoni, Donn A. Randall, New York City, for Reserve Fund.

Oppenheimer, Rosenberg, Kelleher & Wheatley, Seagal V. Wheatley, Edward M. Lavin, San Antonio, Tex., for Reserve Mngt., Brown & Bent.

Before BROWN, REAVLEY and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 17, 1984.

JERRE S. WILLIAMS, Circuit Judge.

Plaintiff Henry Lee Warren, an investor in The Reserve Fund, Inc., a mutual fund headquartered in New York City, appeals from the district court's denial of class certification and its order of dismissal in an action alleging securities misrepresentation by the mutual fund. In his complaint, Warren claimed that prerecorded WATS line

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