MENDELL v. GREENBERG

Nos. 532, 725, Dockets 89-7718, 89-7760.

938 F.2d 1528 (1991)

Ira L. MENDELL, on behalf of himself and others similarly situated, Plaintiffs-Appellants, Cross-Appellees, v. George J. GREENBERG, Frederick R. Adler, James R. Swartz, Anita Loehmann Stafford, Donald H. Balleisen, Allan S. Gordon, Christopher D. Illick, Cecily C. Selby, Kenneth J. Thornhill, John D. Mack, AEA Investors Inc., LHI Inc., LH Investors, Inc., LH Holdings Inc., Loehmann's Inc., and Drexel Burnham Lambert Incorporated, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 1, 1990.

Amended Opinion March 7, 1991.

As Amended July 10, 1991.


Attorney(s) appearing for the Case

David C. Birdoff, New York City (Neil G. Sparber, Fulbright Jaworski & Reavis McGrath, New York City, of counsel), filed a brief, for defendants George J. Greenberg, Frederick R. Adler, James R. Swartz, Allan S. Gordon, Christopher D. Illick and Cecily C. Selby.

Arnold S. Klein, New York City (Lisa K. Eastwood, Kelly Drye & Warren, New York City, of counsel), on the brief, for defendants AEA Investors Inc., LHI Inc., LH Investors Inc., LH Holdings Inc., and Loehmann's Inc.

Robert W. Brundige, Jr., New York City (Hughes Hubbard & Reed, New York City, of counsel), on the brief, for defendants Anita Loehmann Stafford and John D. Mack.

Irving Malchman, New York City (Kaufman Malchman Kaufmann & Kirby, New York City, of counsel), filed a brief, for plaintiff-appellant Ira L. Mendell.

Before VAN GRAAFEILAND, CARDAMONE and ALTIMARI, Circuit Judges.


PER CURIAM:

Following our opinion in the above matter, reported at 927 F.2d 667 (2nd Cir.1991), familiarity with which is assumed, a request for en banc consideration was made. It was agreed, however, that a vote on the en banc request should be deferred until the Supreme Court decided Virginia Bankshares, Inc. v. Sandberg, in which a petition for certiorari had been granted. Virginia Bankshares now has been decided...

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