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Zahn v. International Paper Co.

ELR Citation: 2 ELR 20616
Nos. No. 71-2157, 469 F.2d 1033/4 ERC 1619/(2d Cir., 09/07/1972)

A diversity case may not proceed as a class action when the named plaintiffs meet the jurisdictional amount but the unnamed representatives of the class do not. This defect may not be cured by the named plaintiffs allocating part of their share of punitive damages to the class members. Each member must show his damages reach the jurisdictional amount and the action (by lakeside residents against an allegedly polluting paper mill) must proceed as individual actions, not a class action.

Counsel for Plaintiffs
Mark L. Sperry
Langrock & Sperry
Middlebury, VT 05753

Counsel for Defendant
Taggart Whipple
Davis, Polk & Wardwell
One Chase Manhattan Plaza
New York, NY 10005

Henry F. Black
George W. Ray Jr.
Black & Plante
Municipal Building
White River Junction, VT 05001

Before: MOORE, SMITH, and TIMBERS, Circuit Judges.