BLANK v. TALLEY INDUSTRIES, INC.

No. 70 Civ. 4144.

390 F.Supp. 1 (1975)

Joan BLANK et al., Plaintiffs, v. TALLEY INDUSTRIES, INC., et al., Defendants.

United States District Court, S. D. New York.

January 14, 1975.


Attorney(s) appearing for the Case

Austrian, Lance & Stewart, P. C., New York City, William Klein, II, New York City, of counsel, Cowan, Liebowitz & Latman, P. C., New York City, Alan Latman, New York City, of counsel, for plaintiffs.

Donovan, Leisure, Newton & Irvine, New York City, for defendant Talley Industries, Inc.; Walter L. Stratton, Brent L. Brandenburg, New York City, of counsel.

Cahill, Gordon & Reindel, New York City, for defendants Bramen B. Adams, II, Donald D. Harrington, John D. MacNaughton, Jr., Peat, Marwick, Mitchell & Co., John C. Robinson, William C. Speed, Wesley A. Stanger, Jr., and John W. Stodder; William E. Hegarty, John de Boisblanc, New York City, of counsel.

Davis, Polk & Wardwell, New York City, for defendants Julius Green, Executor of the Last Will and Testament of Charles W. Kennard, Thomas J. Murtagh and Smith, Barney & Co.; Stephen D. Hoffman, New York City, of counsel.

Simpson, Thatcher & Bartlett, New York City, for defendants Lehman Brothers and William Osborn; Edward Mendryzcki, New York City, of counsel.

Rogers, Hoge & Hills, New York City, for defendants American Investors Fund, Inc. and George A. Chestnutt, Jr.; Clendon H. Lee, New York City, of counsel.

Kissam & Halpin, New York City, for defendant Joseph D. DiSesa; James G. Simms, New York City, of counsel.

Mudge, Rose, Guthrie & Alexander, New York City, for defendants Arthur E. Ehlenberger, Gerald E. Hirt and Franz G. Talley; Richard Marrin, New York City, of counsel.

Patterson, Belknap & Webb, New York City, for defendant M. Kimelman & Co.

Sidney P. Howell, New York City, for defendants Oscar Kimelman and Thomas F. Reddy, Jr.

Rogers & Wells, New York City, for defendant M. Stuart Roesler; Frederick Lorenzen, New York City, of counsel.


OPINION

EDWARD WEINFELD, District Judge.

This class action was settled pursuant to the terms of an agreement, notice of which was given to all interested shareholders, and which was approved by this court after a hearing. Familiarity is assumed with the court's opinion approving the proposed settlement.1 Under its terms, in the event 100% of the shareholders entitled to participate therein filed claims, the maximum sum the contributing...

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