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ABROMSON v. AMERICAN PACIFIC CORP.

Nos. 96-15250, 96-15316.

114 F.3d 898 (1997)

Leslie ABROMSON; Ronald Angelo; Louis Camardella; Eli Ballan; Elie De Cominges; Sandra Kolker, and the plaintiff class certified by the Court ("Class") consisting of all persons and entities who purchased the common stock of American Pacific Corporation ("AmPac") during the period from April 15, 1992 through and including June 11, 1993 and a sub-class certified by the Court ("Sub-Class") consisting of all persons and entities who purchased the common stock of AmPac issued in connection with an April 15, 1992 public offering, Plaintiffs-Appellants, v. AMERICAN PACIFIC CORPORATION; Fred Gibson, Jr.; C. Keith Rooker; David Keys; John R. Gibson; W. Carroll; Thomas War; Thomas Turner; Norval Pohl; Victor Rosenzweig, Defendants-Appellees. Leslie ABROMSON; Ronald Angelo; Louis Camardella; Eli Ballan; Elie De Cominges; Sandra Kolker, and the plaintiff class certified by the Court ("Class") consisting of all persons and entities who purchased the common stock of American Pacific Corporation ("AmPac") during the period from April 15, 1992 through and including June 11, 1993 and a sub-class certified by the Court ("Sub-Class") consisting of all persons and entities who purchased the common stock of AmPac issued in connection with an April 15, 1992 public offering, Plaintiffs-Appellees, v. AMERICAN PACIFIC CORPORATION; Fred Gibson, Jr.; C. Keith Rooker; David Keys; John R. Gibson; W. Carroll; Thomas War; Thomas Turner; Norval Pohl; Victor Rosenzweig, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 5, 1997.

Attorney(s) appearing for the Case

Sheldon L. Albert and Anthony J. Bolognese, Barrack, Rodos & Bacine, Philadelphia, Pennsylvania, for plaintiffs-appellants.

Warren L. Ettinger, Michael Rips, Barak Platt, Skadden, Arps, Slate, Meagher & Flom, Los Angeles, California, and Steve Morris, Morris, Brignone & Pickering, Las Vegas, Nevada, for defendants-appellees.

Randall W. Quinn, Securities and Exchange Commission, Washington, D.C., as amicus curiae.

Before: BRUNETTI, FERNANDEZ and HAWKINS, Circuit Judges.

OPINION

FERNANDEZ, Circuit Judge:

Leslie Abromson, Ronald Angelo, Louis Camardella, Eli Ballan, Elie de Comminges, and Sandra Kolker (collectively "Abromson"), acting on their own behalf and on behalf of a court-certified class and sub-class, appeal the district court's judgment in favor of defendants American Pacific Corporation, Fred Gibson, Jr., C. Keith Rooker, David Keys, John R. Gibson, W. Carroll, Thomas War, Thomas Turner, Norval Pohl, and Victor...

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