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PHILLIPS v. SHERMAN

Civ. A. No. 8494.

197 F.Supp. 866 (1961)

Henry PHILLIPS, on behalf of himself and all others similarly situated, Plaintiff, v. Fred SHERMAN and Adirondack Properties, Inc., Defendants.

United States District Court N. D. New York.

September 22, 1961.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, Syracuse, N. Y., for plaintiff, George H. Bond, Jr., Syracuse, N. Y., of counsel.

Taylor, White & Wilkinson, Amsterdam, N. Y., for defendants, James W. White, Amsterdam, N. Y., of counsel.

JAMES T. FOLEY, District Judge.

This class action is challenged in a motion to dismiss for lack of jurisdiction by both defendants. The several stated reasons in support of the motion may be generalized: incompatibility and antagonism of the named plaintiff's interest with that of the members of the particular Fund involved to such degree that would not fairly insure the adequate representation in this type action by the individual plaintiff as the sole representative...

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