IN RE CHARTER CO.

No. 88-3303.

876 F.2d 866 (1989)

In re The CHARTER COMPANY, et al., Debtors. The CERTIFIED CLASS IN the CHARTER SECURITIES LITIGATION and CERTAIN Individual Members Thereof, Plaintiffs-Appellants, v. The CHARTER COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 28, 1989.


Attorney(s) appearing for the Case

Nicholas E. Chimicles, Kenneth A. Jacobsen, Denise Davis Schwartzman, Haverford, Pa., for plaintiffs-appellants.

Daniel L. Goelzer, Richard A. Kirby, Martha H. McNeely, U.S. Securities & Exchange, Washington, D.C., Patricia I. Avery, New York City, Michael Grant Kohn, Gene Mesh & Associates, Cincinnati, Ohio, for U.S. S.E.C.

Stephen D. Busey, Smith & Hulsey, Jacksonville, Fla., for defendant-appellee.

Before HILL and ANDERSON, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


ANDERSON, Circuit Judge:

This case poses the question of whether proofs of claim in bankruptcy may be filed on behalf of a class of claimants, rather than being required individually of each claimant. We hold that class proofs of claim are valid.

I. BACKGROUND

On April 5, 1984, the appellants in this case initiated suit against the appellee, the Charter Company ("Charter"), and against its officers and directors. In re Charter Securities Litigation...

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