ROLO v. GENERAL DEVELOPMENT CORP.

Nos. 91-5451, 91-5458.

949 F.2d 695 (1991)

Jose ROLO, Rosa Rolo, Dr. William Tenerelli, Appellants, v. GENERAL DEVELOPMENT CORPORATION, GDV Financial, Inc., David F. Brown, Robert F. Ehrling, the Home Insurance Company, the Federal Mortgage Loan Association, the Federal Home Loan Mortgage Association, Carteret Mortgage Corp., the Citizens and Southern National Bank, Southeast Bank, N.A., Citizens and Southern Trust Company (Florida) National Association, Ambase Corporation, Chase Federal Savings & Loan Association, Secor National Bank, Capital Bank, John Does, 1-15, City Investing Company Liquidating Trust, Carteret Bancorp, Inc., Carteret Savings Bank, FA, George T. Scharffenberger, Marshall Manley, Edwin I. Hatch, Eben W. Pyne, Reubin O'D. Askew, Howard L. Clark, Jr., Charles J. Simons, Peter R. Brinckerhoff, Cravath, Swaine, David G. Ormsby, Painewebber Incorporated, Merrill, Lynch, Pierce, Fenner & Smith, Incorporated, the Prudential Insurance Company of America, National Bank of Canada, Citicorp Real Estate, Inc., First National Bank of Boston, Federal National Mortgage Association, Chase Federal Bank, FSB, Secor Bank, FSB, Oxford First Corp., the Oxford Finance Companies, Inc., Stanchart Business Credit, Inc., Harbor Federal Savings and Loan Association, Greyhound Financial Corporation, Lloyds Bank PLC, John Does 1-10. Jose ROLO, Rosa Rolo, Dr. William Tenerelli, Petitioners, v. GENERAL DEVELOPMENT CORPORATION, GDV Financial, Inc., David F. Brown, Robert F. Ehrling, the Home Insurance Company, the Federal Mortgage Loan Association, the Federal Home Loan Mortgage Association, Carteret Mortgage Corp., the Citizens and Southern National Bank, Southeast Bank, N.A., Citizens and Southern Trust Company (Florida) National Association, Ambase Corporation, Chase Federal Savings & Loan Association, Secor National Bank, Capital Bank, John Does, 1-15, Respondents. Honorable Harold A. Ackerman, United States District Judge, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided November 27, 1991.


Attorney(s) appearing for the Case

Herbert I. Deutsch, Roy A. Heimlich (argued), Alfred N. Metz, Deutsch and Frey, New York City, Glenn P. Callahan, Callahan, Delany & O'Brien, Cherry Hill, N.J., for Jose Rolo, Rosa Rolo and William Tenerelli.

Paul M. Dodyk (argued), Cravath, Swaine & Moore, New York City, Matthew P. Boylan, Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, N.J., for Ambase Corp. and City Investing Co. Liquidating Trust.

Before STAPLETON, GREENBERG, and ALDISERT, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

Appellants, Jose and Rosa Rolo and Dr. William Tenerelli ("the Rolos"), seek relief from two orders of the district court. The first order stayed the Rolos's class action damage suit pending bankruptcy and criminal proceedings which involve some of the defendants. The Rolos seek review of this order by direct appeal pursuant to 28 U.S.C. § 1291 or, alternatively, by a petition for a writ of mandamus pursuant...

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