Legal Opinion
Oppenheimer v. F. J. Young & Co.
Court of Appeals for the Second Circuit
Decided August 1, 1944No. 331PublishedCited by 94 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
This suit was brought as a spurious class action and is sought to be sustained under Federal Rule 23(a) (3) 28 U.S.C.A. following section 723c. 1 The plaintiffs, after two unsuccessful attempts to set forth their claim in the form of a spurious class action, filed a second amended complaint which was dismissed by the District Court on the ground that the plaintiffs and the parties whom they sought to represent had divergent interests, with leave, however, to serve a further amended complaint in their own behalf; but, because of failure to amend, as permitted, a…
2Cases cited7 opinions
- Deckert v. Independence Shares Corp.Supreme Court of the United States · 1940
- Weeks v. Bareco Oil Co.Court of Appeals for the Seventh Circuit · 1941
- York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944
- Audi Vision Inc. v. RCA Mfg. Co.Court of Appeals for the Second Circuit · 1943
- Independence Shares Corporation v. DeckertCourt of Appeals for the Third Circuit · 1939
2 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Eisen v. Carlisle & JacquelinCourt of Appeals for the Second Circuit · 1968
- Daar v. Yellow Cab Co.California Supreme Court · 1967
- William Harris v. Palm Springs Alpine Estates, Inc.Court of Appeals for the Ninth Circuit · 1964
- Julius Nagler v. Admiral CorporationCourt of Appeals for the Second Circuit · 1957
- Mersay v. First Republic Corp. of AmericaDistrict Court, S.D. New York · 1968
89 more not listed; retrieve them via the Exa API.