Legal Opinion
H. Keith Zahn v. International Paper Company
Court of Appeals for the Second Circuit
Decided October 18, 1972No. 742, Docket 71-2157PublishedCited by 139 opinions
1Opinion of the Court
J. JOSEPH SMITH, Circuit Judge:
We are confronted with the novel question whether a diversity case will be allowed to proceed as a class action under Fed.R.Civ.P. 23(b)(3) when the named plaintiffs meet the jurisdictional amount requirement of 28 U.S.C. § 1332 (a) but the unnamed representatives of the class do not.1 That question was *1034answered in the negative by the late Chief Judge Leddy in the United States District Court for the District of Vermont (53 F.R.D. 429). He refused to allow the case to proceed as a class action and struck all references in the complaint to persons other than the…
2Cases cited9 opinions
- Snyder v. HarrisSupreme Court of the United States · 1969
- Eisen v. Carlisle & JacquelinCourt of Appeals for the Second Circuit · 1968
- Clark v. Paul Gray, Inc.Supreme Court of the United States · 1939
- Sidney Roginsky v. Richardson-Merrell, Inc.Court of Appeals for the Second Circuit · 1967
- Troy Bank v. G. A. Whitehead & Co.Supreme Court of the United States · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by139 opinions
- Zahn v. International Paper Co.Supreme Court of the United States · 1973
- Reuben J. Katz, on Behalf of Himself and All Others Similarly Situated v. Carte Blanche CorporationCourt of Appeals for the Third Circuit · 1974
- Bersch v. Drexel Firestone, Inc.Court of Appeals for the Second Circuit · 1975
- Pyskaty v. Wide World of Cars, LLCCourt of Appeals for the Second Circuit · 2017
- Saval v. BL Ltd.Court of Appeals for the Fourth Circuit · 1983
134 more not listed; retrieve them via the Exa API.