Maynard, Merel & Co. v. Carcioppolo

MANSFIELD, District Judge.

This case arises out of the merger of Carci Computab Systems, Inc. (“Carci”), a manufacturer of business forms, into Cybermatics, Inc. (“Cybermatics”), a computer software firm, on May 22, 1970. Plaintiffs move pursuant to Rule 23, F.R.Civ.P., for a determination that the action is maintainable as a class action, for approval of proposed notice to members of the class, and for leave to supplement and amend their complaint. Defendants oppose plaintiffs’ motions and urge that plaintiffs be required to post security before proceeding further with the action. For reasons…