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KREDA v. RUSH

Nos. 76-1406, 76-1407.

550 F.2d 888 (1977)

DANIEL KREDA, on behalf of himself and all others similarly situated, and Derivatively on behalf of Fisco, Inc. v. William RUSH et al. Appeal of William A. F. SMITH (two cases). Alfred MILLER, on behalf of himself and all others similarly situated, and Derivatively on behalf of Fisco, Inc. v. FISCO, INC., et al.

United States Court of Appeals, Third Circuit.

Decided February 18, 1977.

Attorney(s) appearing for the Case

J. Grant McCabe, III, Robert E. Noonoo, John P. Yetman, Jr., Henry H. Janssen, Philadelphia, Pa., for appellant; Rawle & Henderson, Philadelphia, Pa., of counsel.

Henry W. Sawyer, III, Joseph C. Bright, Jr., Drinker, Biddle & Reath, Philadelphia, Pa., for appellees Rush, Greenfield, Fisco, Inc., Acme Assurance Agency, Inc., Gateway Insurance Co., Reilly, Massaniso, Connolly, Looney, Rinck and Zeiler.

Donald A. Scott, Joseph A. Torregrossa, Morgan, Lewis & Bockius, Philadelphia, Pa., for appellees Weinstein, Zalinski, Brody, Maes, Roberts, Miller and Weinstock.

Before KALODNER, ROSENN and GARTH, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge.

This appeal is from the district court's Order of February 3, 1976, denying appellant's motion to disqualify and strike the appearance of the law firm of Drinker, Biddle & Reath in these actions.1 No opinion was filed by the district court.

The Miller and Kreda suits are class and derivative actions instituted by shareholders of Fisco, Inc. against Fisco...

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