Marshall v. Holiday Magic, Inc.

550 F.2d 1173 Frank I. MARSHALL and Howard S. Myers, Plaintiffs and Cross-Defendants-Appellees, v. HOLIDAY MAGIC, INC., et al., Defendants, Dora Popa and Perry Marshall, Defendants and Cross-Plaintiffs-Appellants. No. 74-2773. United States Court of Appeals, Ninth Circuit. March 8, 1977. Howard A. Specter, Litman, Litman, Harris & Specter, Pittsburgh, Pa., for appellants. David C. Phillipps, Tuckman, Goldstein & Phillipps, San Francisco, Cal., David B. Gold, San Francisco, Cal., for appellees. Appeal from the United States District Court for the Northern District of California. Before CHAMBERS, CARTER and KENNEDY, Circuit Judges. JAMES M. CARTER, Circuit Judge: 1 This is an appeal from a court approved settlement of class actions against Holiday Magic, Inc., certain of its affiliated corporations, and individual defendants. The settlement is a final judgment entered pursuant to Fed.R.Civ.P. 54(b). 2 Appellants, who were sued as defendants in one case and filed as cross-plaintiffs, argue that the district court abused its discretion by approving the settlement. They claim there was inadequate representation and notice and that the settlement itself was unreasonable. We…