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PINDUS v. FLEMING COMPANIES INC.

No. 97-6145.

146 F.3d 1224 (1998)

Gerald PINDUS, on behalf of themselves and all others similarly situated; Lynn Gilbert, on behalf of themselves and all others similarly situated; Sidney R. Carey, on behalf of themselves and all others similarly situated; Pauline Chism, on behalf of themselves and all others similarly situated; Lawrence B. Hollin, individually and on behalf of all those similarly situated; Kenneth Steiner; Charles Miller, Plaintiffs-Appellants, City of Philadelphia, acting through its Board of Pensions and Retirement, on behalf of itself and all others similarly situated, Plaintiff-Appellee, v. FLEMING COMPANIES INC.; Robert E. Stauth; R. Randolph Devening; Donald N. Eyler; Kevin J. Twomey, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 23, 1998.

Attorney(s) appearing for the Case

David A.P. Brower (Daniel W. Krasner and Jody B. Amsel, Wolf Haldelstein Adler Freeman & Herz LLP, New York City; and Mark Henricksen, Henricksen & Henricksen Lawyers, Inc., El Reno, OK, with him on the briefs), Wolf Haldelstein Adler Freeman & Herz LLP, New York City, for Plaintiffs-Appellants.

M. Richard Komins (Leonard Barrack and Gerald J. Rodos, Barrack, Rodos & Bacine, Philadelphia, PA; Robert Nelson and Theodore C. Sherwood, Nelson, Sherwood & Brown, Oklahoma City, OK; and David J. Bershad, Sanford P. Dumain, and William C. Fredericks, Milberg Weiss Bershad Hynes & Lerach LLP, New York City, with him on the briefs), Barrack, Rodos & Bacine, Philadelphia PA, for Plaintiffs-Appellees.

Before, PORFILIO, BRISCOE, and LUCERO, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

During the early 1990s, David's Supermarkets, Inc. sued Fleming Companies, Inc. in Texas state court for violation of certain purchase agreements. In 1996, the jury in that suit returned a $204.5 million verdict against Fleming. Shortly after public announcement of the verdict, nine plaintiffs, including the appellants and appellees here, filed separate complaints against Fleming, each alleging, in one form or another, that Fleming...

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