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DOLGOW v. ANDERSON

No. 711, Docket 33719.

438 F.2d 825 (1970)

Mildred DOLGOW, Benjamin Dolgow, Sarah Fischer and Reuben Isaacson, Plaintiffs-Appellants, v. Dillon ANDERSON et al., Defendans, and Monsanto Company, Edward A. O'Neal, Edward J. Bock, John L. Gillis, Robert K. Mueller, Charles H. Sommer, H. Harold Bible, Patrick J. Dowd, John R. Eck, Arthur W. Lucas, Edwin J. Putzell, Jr., Robert R. Rumer, J. Russell Wilson, Earl J. Wipfler, Mercantile Trust Company National Association, in its Capacity as Executor of the Estate of Defendant Edgar M. Queeny, Deceased, and Edwin J. Putzell, Jr., in his Capacity as Executor of the Estate of Defendant John L. Christian, Deceased, Defendant-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 2, 1970.

As Modified October 29, 1970.

On Rehearing January 18, 1971.

Attorney(s) appearing for the Case

Avrom S. Fischer, Brooklyn, N. Y., for plaintiffs-appellants.

John A. Wilson, New York City (Shearman & Sterling, New York City, Michael J. DeSantis and John S. Williams, New York City, of counsel), for defendant-appellee Monsanto Co.

Roy H. Steyer, New York City (Sullivan & Cromwell, David W. Peck and James W. Bowers, New York City, of counsel), for individual defendants-appellees.

John L. Davidson, Jr., St. Louis, Mo., of counsel, for defendant-appellee Mercantile Trust Co. National Association, as Executor.

Before MOORE and SMITH, Circuit Judges, and WEINFELD, District Judge.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from the order of Judge Weinstein of the United States District Court for the Eastern District of New York, April 7, 1969, granting defendants' motion for summary judgment on the merits and ordering that the action be disallowed as a class action.

The named plaintiffs in this purported class action bought and sold between December, 1964 and October, 1966, small amounts of common stock1

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