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ELLIOTT WALDMAN PENSION TRUST v. RIEDINGER

Docket No. 04-2988-CV.

423 F.3d 145 (2005)

Elliott WALDMAN, as Trustee for the Elliott Waldman Pension Trust, on behalf of himself and all others similarly situated Plaintiff-Appellee, v. Robert RIEDINGER Claimant-Appellant, Frank M. Liguori, Miriam Olsten, William Olsten, Stuart Olsten, Anthony Puglisi, and Olsten Corporation, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 12, 2005.

Attorney(s) appearing for the Case

Bruce Jackson, Jackson & Tyler, Atlanta, GA (Joseph Lawrence Clasen, Robinson & Cole, LLP, New York, NY, on the brief), for Claimant-Appellant.

James G. Flynn (Robert I. Harwood, Daniella Quitt, on the brief), Wechsler Harwood LLP, New York, N.Y. (Faruqi & Faruqi, LLP, New York, N.Y. on the brief), for Plaintiff-Appellee.

Before: SOTOMAYOR, B.D. PARKER, HALL, Circuit Judges.

B.D. PARKER, JR., Circuit Judge.

Robert Riedinger appeals from a final judgment of the United States District Court for the Eastern District of New York (Hurley, J.), denying his claim for participation in a class action settlement on the ground that he held the wrong type of common stock. Because we conclude that the district court erred in interpreting provisions of the settlement agreement governing eligibility for participation, we reverse and remand.<...

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