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SILBER v. MABON

No. 92-56004.

18 F.3d 1449 (1994)

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

United States Court of Appeals, Ninth Circuit.

Decided March 15, 1994.

Attorney(s) appearing for the Case

Lionel Z. Glancy, Santa Monica, CA, for plaintiff-appellant.

Herbert E. Milstein, Cohen, Milstein, Hausfeld & Toll, Washington, DC (argued), and Michael S. Glassman, Clemens, Glassman and Clemens, Los Angeles, CA (signed the briefs), for plaintiff-appellee Joy Silber.

William J. Meeske and Jennifer Upham Saunders, Latham & Watkins, Los Angeles, CA, for defendants-appellees.

Before: SNEED, THOMPSON, and RYMER, Circuit Judges.

RYMER, Circuit Judge:

Arthur P. Argyris was an absent member of a securities class action whose stock in Micropolis Corporation was held in street name by PaineWebber, Inc., his broker. He did not receive notice that he would be bound by a class action settlement until after the opt out date had passed. Neither the class representative, Joy Silber, nor the defendant, Micropolis Corporation, was to blame. The district court...

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