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WHITEHALL TENANTS CORP. v. WHITEHALL REALTY CO.

Docket No. 97-7423.

136 F.3d 230 (1998)

WHITEHALL TENANTS CORP.; Horace Bullard; Ita Bullard; Fred Grunberg; Joseph Jablon; Mary Jablon; Susan Isaacs; Philip Pollack; Walter Spier; Rosemarie Spier; Ludwig Bravmann, individually and as representatives of the class of non-sponsor shareholders of shares in Whitehall Tenants Corp., Plaintiffs-Appellants, v. WHITEHALL REALTY CO., a partnership; Sylvia Olnick, as Executrix of the Estate of Robert S. Olnick; Richard Lane and Paul Milstein, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 9, 1998.

Attorney(s) appearing for the Case

Ira Daniel Tokayer, New York City (Howard I. Rhine, Coleman & Rhine, New York City, on the brief), for plaintiffs-appellants.

Kevin L. Smith, New York City (Joseph L. Forstadt, Michele L. Jacobson, Stroock & Stroock & Lavan, New York City, on the brief), for defendants-appellees.

Before: WINTER, Chief Judge, and NEWMAN and ALTIMARI, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This petition for rehearing merits a brief opinion because it raises rarely litigated issues concerning the validity of a decision rendered by two judges of a panel after a third judge has recused himself. Though it is settled that a panel from which one judge has recused may render a decision, see 28 U.S.C. § 46(d); 2d Cir. R. § 0.14(b); Murray v. National Broadcasting Co., 35 F.3d 45

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