SILBER v. MABON

No. 91-55000.

957 F.2d 697 (1992)

Joy SILBER, on behalf of herself and all others similarly situated, Plaintiffs-Appellees, and Arthur P. Argyris, Plaintiff-Appellant, v. Stuart P. MABON; Dundas I. Flaherty; Eugene F. Hovanec; Ericson M. Dunstan; Edwin P. Heacox and Micropolis Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 24, 1992.


Attorney(s) appearing for the Case

Lionel Z. Glancy, Beverly Hills, Cal., for plaintiff-appellant.

Michael S. Glassman, Clemens, Glassman and Clemens, Los Angeles, Cal., for plaintiffs-appellees.

Nancy G. Scheurwater, Latham & Watkins, Los Angeles, Cal., for defendants-appellees.

Before SNEED, BEEZER and TROTT, Circuit Judges.


SNEED, Circuit Judge:

This case involves appellant Arthur P. Argyris's attempt to exclude himself from the settlement of a Fed.R.Civ.P. 23(b)(3) securities class action for money damages. Appellant argues that the notice procedures approved by the district court violated his due process rights, and that, in any event, the district court abused its discretion by refusing to allow appellant to opt out of the settlement after the original opt-out deadline had...

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