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KALISH v. FRANKLIN ADVISERS, INC.

No. 829, Docket 90-7774.

928 F.2d 590 (1991)

Lucyle KALISH and Sol Joseph Kamen, Plaintiffs-Appellants, v. FRANKLIN ADVISERS, INC.; Franklin Distributors, Inc.; Franklin Administrative Services, Inc.; Franklin Resources, Inc.; Franklin Custodian Funds, Inc. (U.S. Government Securities Series), Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 21, 1991.

Attorney(s) appearing for the Case

Richard M. Meyer (George A. Bauer III, Milberg Weiss Bershad Specthrie & Lerach, New York City, of counsel), for plaintiffs-appellants.

Daniel A. Pollack (Martin I. Kaminsky, W. Hans Kobelt, Pollack & Kaminsky, New York City, of counsel), for defendants-appellees Franklin Advisers, Inc., Franklin Distributors, Inc., Franklin Resources, Inc. and Franklin Administrative Services, Inc.

Brian E. Lorenz, White Plains, N.Y., for defendant-appellee Franklin Custodian Funds, Inc. (U.S. Government Securities Series).

Before TIMBERS, MESKILL and CARDAMONE, Circuit Judges.

PER CURIAM:

This is an appeal from an order and a final judgment of the United States District Court for the Southern District of New York, Haight, J. Plaintiffs appeal from (1) the Memorandum Opinion and Order dated February 29, 1988 striking plaintiffs' jury demand, and (2) the final judgment entered by the district court dismissing the complaint brought pursuant to section 36(b) of the Investment Company Act. 742 F.Supp. 1222

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