Hornreich v. Plant Industries

535 F.2d 550 Fed. Sec. L. Rep. P 95,603 Harold HORNREICH, on behalf of himself and all other shareholders of Plant Industries, Inc., a Delaware corporation, Appellant, v. PLANT INDUSTRIES, INC., a Delaware corporation, et al., Appellees. No. 74-2269. United States Court of Appeals, Ninth Circuit. May 21, 1976. Harvey F. Grant (argued), of Caditz & Grant, Beverly Hills, Cal., for appellant. Louis A. Craco (argued), of Willkie, Farr & Gallagher, New York City, for appellees. OPINION Before CHAMBERS, DUNIWAY and KILKENNY, Circuit Judges. KILKENNY, Circuit Judge: 1 This is an appeal from a judgment denying appellant relief in a class action prosecuted under the provisions of Rule 23.1 F.R.Civ.P., on the ground that under the facts as presented he could not fairly and adequately represent other shareholders of Plant Industries, Inc. (Plant). PROCEDURAL BACKGROUND 2 After the filing of appellant's complaint under the mentioned rule, the appellees filed a motion for judgment on the pleading, attaching documentary evidence in support of their theory. Appellant responded by filing a brief in opposition and an affidavit. Appellees filed additional affidavits and memoranda on March…