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CHRISTENSEN v. KIEWIT-MURDOCK INV. CORP.

No. 814, Docket 86-7964.

815 F.2d 206 (1987)

Charles S. CHRISTENSEN and Jenne Christensen, Joint Tenants; Altie L. Clark and Lena F. Clark, Joint Tenants; John C. Echon, individually and as Joint Tenant with Lillian Echon; James M. Hoss, Jr., and Marian C. Hoss, Joint Tenants; Henry B. Hoss; David C. Kriser; Pennsylvania National Mutual Casualty Insurance Company, Plaintiffs-Appellants, v. KIEWIT-MURDOCK INVESTMENT CORPORATION, Peter Kiewit Sons, Inc., Pacific Holding Corporation, KMI Continental Inc., the Continental Group, Inc., S. Bruce Smart, Jr., David H. Murdock, Raymond F. Henze, III, Walter Scott, Jr., Donald L. Sturm, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 26, 1987.

Attorney(s) appearing for the Case

Edward L. Sadowsky, New York City (William Klein, II, Ira A. Finkelstein, Judah S. Shapiro, and Tenzer, Greenblatt, Fallon & Kaplan, New York City; Richard S. Lipman, and Schatz & Schatz, Ribicoff & Kotkin, Hartford, Conn., on the brief), for plaintiffs-appellants.

Daniel J. Beller, New York City (Kevin McNulty, and Paul, Weiss, Rifkind, Wharton & Garrison, New York City; Stuart Bear, Paul F. Thomas, and Zeldes, Needle & Cooper, Bridgeport, Conn., on the brief), for defendants-appellees.

Before FEINBERG, Chief Judge, TIMBERS and PRATT, Circuit Judges.

TIMBERS, Circuit Judge:

Appellants Charles S. Christensen and others ("appellants") appeal from that part of a judgment entered November 14, 1986 in the District of Connecticut, Ellen Bree Burns, District Judge, which denied their application to recover attorneys' fees and costs from appellee Kiewit-Murdock Investment Corporation ("Kiewit Corp."). The judgment also dismissed as moot appellants' action under the federal securities laws and New York State common law...

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