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VAN GEMERT v. BOEING CO.

Nos. 866, 1077 and 1078, Dockets 83-7843, 83-7851 and 83-7853.

739 F.2d 730 (1984)

William R. VAN GEMERT, et al., Plaintiffs-Appellants, v. The BOEING COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 29, 1984.

Attorney(s) appearing for the Case

Norman Winer, Joseph Sternberg, New York City (Kass, Goodkind, Wechsler & Labaton, New York City on the brief), for plaintiffs-appellants.

Henry L. King, New York City (Carolyn Curtis, and Davis, Polk & Wardwell, New York City on the brief), for defendant-appellee.

Allan E. Kirstein, Asst. Atty. Gen. of the State of New York, New York City (Robert Abrams, Atty. Gen., Daniel L. Kurtz, Asst. Atty. Gen. In Charge Charities, Trusts and Estates Bureau, and Jonathan J. Silbermann, Asst. Atty. Gen., New York City, on the brief), for State of New York, proposed intervenor-appellant, amicus curiae.

Before TIMBERS and PRATT, Circuit Judges, and METZNER, Senior District Judge, Southern District of New York, sitting by designation.

TIMBERS, Circuit Judge:

Appellants class members and proposed intervenor, the State of New York, appeal from an order entered September 12, 1983 in the Southern District of New York, Irving Ben Cooper, District Judge, distributing to defendant, The Boeing Company, the unclaimed portion of a class action judgment fund, subject to the conditions that Boeing publish notice of the availability of the fund in its annual report and that Boeing stand ready to pay...

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