ORLETT v. CINCINNATI MICROWAVE, INC.

Nos. 89-3047, 89-3048.

953 F.2d 224 (1990)

Edward ORLETT, Plaintiff-Appellant, Cross-Appellee, v. CINCINNATI MICROWAVE, INC., James L. Jaeger, Paul M. Allen, Robert L. Bates, Charles M. Fullgraf, James X. Mullen, John A. O'Steen, and Mark G. Solow, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided February 1, 1990.


Attorney(s) appearing for the Case

Gene I. Mesh (briefed), Stephen M. Meiser (argued), Gene Mesh & Associates, Cincinnati, Ohio, for plaintiff-appellant, cross-appellee.

Frederick J. McGavran (argued and briefed), Gregory A. Keyser, Frost & Jacobs, Robert A. Pitcairn, Jr., Douglas L. Westendorf, Katz, Teller, Brant & Hild, Cincinnati, Ohio, for defendants-appellees, cross-appellants Cincinnati Microwave, Inc., James L. Jaeger, Paul M. Allen, Robert L. Bates, Charles M. Fullgraf, James X. Mullen, John A. O'Steen, Mark G. Solow.

Before WELLFORD and NELSON, Circuit Judges, and EDWARDS, Senior Circuit Judge.


DAVID A. NELSON, Circuit Judge.

This is a securities action brought by a Cincinnati Microwave shareholder who decided not to tender his stock in response to a tender offer made by the company at the end of 1987. The case was tried to a jury, which returned a verdict for the company and its directors.

On appeal, the plaintiff contends (a) that the district court ought to have certified the case as a class action under Rule 23, and (b) that the court committed...

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