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GARY PLASTIC PACKAGING CORP. v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

No. 116, Docket 89-7295.

903 F.2d 176 (1990)

GARY PLASTIC PACKAGING CORPORATION, a New York corporation, for itself and others similarly situated, Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a Delaware corporation, and Merrill Lynch Money Markets, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 14, 1990.

Attorney(s) appearing for the Case

Guy B. Bailey, Jr., Miami, Fla. (Bailey & Hunt, Miami, Fla., of counsel), for plaintiff-appellant.

William R. Glendon, New York City (Christopher W. O'Neill, Rogers & Wells, New York City, E. Michael Bradley, Paul Windels III, Brown & Wood, New York City, of counsel), for defendants-appellees.

Before VAN GRAAFEILAND, PIERCE, and PRATT, Circuit Judges.

PIERCE, Senior Circuit Judge:

Gary Plastic Packaging Corp. ("Gary Plastic") appeals from a judgment of the United States District Court for the Southern District of New York, Haight, Judge, dismissing its complaint, with prejudice, for failure to prosecute, pursuant to Rule 41(b), Fed.R.Civ.P. On appeal, Gary Plastic seeks review of an order denying its motion for class certification and disqualifying its counsel. See Gary Plastic Packaging Corp. v. Merrill...

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