Legal Opinion
Steele v. Guaranty Trust Co. of New York
Court of Appeals for the Second Circuit
Decided December 8, 1947No. 34, Docket 20680PublishedCited by 18 opinions
1Opinion of the Court
FRANK, Circuit Judge.
On the former appeal, we said (143 F.2d at page 528) that, if non-accepting noteholders, other than the original plaintiff, Mrs. York, intervened, the action could be maintained as a class suit under Rule 23(a)(3), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. However, in Hackner v. Guaranty Trust Co., 2 Cir., 117 F.2d 95, we had held that a proceeding under 23 (a) (3) is, in effect, but a congeries of separate suits so that each claimant must, as to his own claim, meet the jurisdictional requirements.
The district court lacked jurisdiction as to…
2Cases cited5 opinions
- Levering & Garrigues Co. v. MorrinSupreme Court of the United States · 1933
- Hackner v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1941
- Levering & Garrigues Co. v. MorrinCourt of Appeals for the Second Circuit · 1932
- Rosendale v. PhillipsCourt of Appeals for the Second Circuit · 1937
- Spencer v. PateyCourt of Appeals for the Second Circuit · 1917
3Cited by18 opinions
- Zahn v. International Paper Co.Supreme Court of the United States · 1973
- Samson Crane Co. v. Union Nat. Sales, Inc.District Court, D. Massachusetts · 1949
- Jose Aramis Alvarez, Individually, and in Behalf of All Those Similarly Situated v. Pan American Life Insurance Company, Augustin Goytisolo Recio, Individually, and in Behalf of All Those Similarlysituated v. Pan American Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1967
- Burney v. North American Rockwell CorporationDistrict Court, C.D. California · 1969
- National Maritime Union of America v. CurranDistrict Court, S.D. New York · 1949
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