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IN RE CENDANT CORP. PRIDES LITIGATION

No. 01-3656.

311 F.3d 298 (2002)

In re: CENDANT CORPORATION PRIDES LITIGATION, Welch & Forbes Inc., an institutional investment manager, individually and on behalf of all others similarly situated v. Cendant Corporation; Merrill Lynch & Co.; Chase Securities, Inc.; Henry R. Silverman; Walter A. Forbes; Cosmo Corigliano; E. Kirk Shelton; Ernst & Young The Chase Manhattan Bank, as custodian for Capital Income Builder, Inc.; Income Fund of America, Inc. and Capital World Growth & Income, Inc., Appellants

United States Court of Appeals, Third Circuit.

November 21, 2002.

Attorney(s) appearing for the Case

Gerald T. Ford, (Argued), Robert A. Kasuba, Landman Corsi Ballaine & Ford, Newark, for Appellant, The Chase Manhattan Bank, now known as J.P. Morgan Chase Bank.

Michael M. Rosenbaum, (Argued), William M. D'Annunzio, Budd Larner Gross Rosenbaum Greenberg & Sade, Short Hills, for Appellee, Cendant Corporation.

Before NYGAARD, ROTH, and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

We remanded this case to the District Court for determination of whether Chase National Manhattan Bank ("Chase"), as custodian, had established excusable neglect for late filing of documents confirming its right to participate in the distribution of a fund created to settle a class action. In re Cendant Corp. PRIDES Litig., 234 F.3d 166 (3d Cir.2000) ("Chase...

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