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FLEMING v. LIND-WALDOCK & CO.

Nos. 90-1013, 90-1014.

922 F.2d 20 (1990)

Edmund E. FLEMING, et al., Plaintiffs, Appellees, v. LIND-WALDOCK & CO., Defendant, Appellee, Barry Breech, Intervenor-Appellant. Edmund E. FLEMING, et al., Plaintiffs, Appellants, v. LIND-WALDOCK & CO., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 19, 1990.

Attorney(s) appearing for the Case

Barbara L. Moore, with whom Cooley, Manion, Moore & Jones and Edward E. Fleming, were on brief, for plaintiffs, appellants.

Jerrold E. Salzman, with whom Albert F. Ettinger, Scott R. Williamson, Freeman, Freeman & Salzman, John M. Connolly, H. Joseph Hameline, and Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, were on brief, for defendant, appellee.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and ATKINS, Senior District Judge.

BOWNES, Senior Circuit Judge.

The issues in this long-lived case are whether the district court erred in: 1) granting defendant-appellee Lind-Waldock & Company's motion to dismiss plaintiff-appellant Edmund E. Fleming's claims on behalf of U.S. Investment Company ("USIC") under Fed.R.Civ.P. 12(b)(6); 2) denying the plaintiff, equity receiver for USIC, standing as a putative class representative to initiate class actions against both Lind-Waldock & Company...

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