Legal Opinion

Fed. Sec. L. Rep. P 95,307 Martin Miller, on Behalf of Himself and All Others Similarly Situated v. MacKey International, Inc.

Court of Appeals for the Fifth Circuit

Decided June 30, 1975No. 74-2547PublishedCited by 24 opinions

1Per curiam

In a class action brought against Mackey for violation of the Securities Act of 1933 and the Securities Exchange Act of 1934, a settlement was eventually consummated for $50,000 cash and 250,-000 shares of common stock of Mackey having a market value of $1.50 per share or $375,000, for a total of $425,000. In their application for fees, counsel for the plaintiffs requested that the district court award them one-third of the recovery. The court, however, set their compensation at $20,500, and they appealed. We vacate and remand.

Counsel represented to the court below that they had expended…

2Cases cited3 opinions

  1. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  2. 4 Fair empl.prac.cas. 1255, 5 Empl. Prac. Dec. P 7956 Mrs. Lorena W. Weeks v. Southern Bell Telephone and Telegraph Company, Sylvia Roberts, Counsel for Lorena W. WeeksCourt of Appeals for the Fifth Circuit · 1973
  3. Electronics Capital Corporation v. William Donald Sheperd, No. 29763 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971

3Cited by24 opinions

  1. In the Matter of First Colonial Corp. Of America, Bankrupt. American Benefit Life Insurance Company, Appellants-Cross-Appellees v. Franz J. Baddock, Trustee, Appellee-Cross-Appellant. In the Matter of First Colonial Corp. Of America, Bankrupt. Bert K. Robinson v. American Benefit Life Insurance CompanyCourt of Appeals for the First Circuit · 1977
  2. Mrs. Althea ANTHONY, Plaintiff-Appellant, v. MARION COUNTY GENERAL HOSPITAL, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1980
  3. United States v. Allegheny-Ludlum Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
  4. In Re Jensen-Farley Pictures, Inc.United States Bankruptcy Court, D. Utah · 1985
  5. American Benefit Life Insurance v. BaddockCourt of Appeals for the Fifth Circuit · 1977

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