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GREENBERG v. CROSSROADS SYSTEMS, INC.

No. 03-50311.

364 F.3d 657 (2004)

Stephen GREENBERG, Individually and on behalf of all others similarly situated; Aviel Marrache, Lead Plaintiff; Charles Binks, Individually and on behalf of all others similarly situated; Ryan Bristol, on behalf of himself and all others similarly situated; Ryan W. Connors, on behalf of himself and all others similarly situated; Peter Margonelli, on behalf of themselves and all others similarly situated; Randall Simon, on behalf of themselves and all others similarly situated; Roger D. Lynch, individually and on behalf of all others similarly situated; Myrna Alzaga, Individually and on behalf of all others similarly situated; Sam Rhoades, Individually and on behalf of all others similarly situated; Steven Wallerstien, on behalf of all others similarly situated; Eric Schuessler, on behalf of himself and all others similarly situated; Ian Gotlib, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. CROSSROADS SYSTEMS, INC.; Brian R. Smith; Reagan Y. Sakai; John R. Middleton, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 14, 2004.

Attorney(s) appearing for the Case

Sanford Svetcov (argued), Dennis Jeremy Herman, Milberg, Weiss, Bershad, Hynes & Lerach, Laurence D. King, Kaplan, Fox & Kilsheimer, San Francisco, CA, William S. Lerach, Milberg, Weiss, Bershad, Hynes & Lerach, San Diego, CA, Frederic S. Fox, Kaplan, Kilsheimer & Fox, New York City, James D. Baskin, III, The Baskin Law Firm, Austin, TX, Katherine Blanck Radsan, Washington, DC, for Plaintiffs-Appellants.

Paul R. Bessette (argued), Michael John Biles, Jennifer R. Brannen, Akin, Gump, Strauss, Hauer & Feld, Austin, TX, for Defendants-Appellees.

Before DAVIS, WIENER, and STEWART, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Purchasers of Crossroads Systems, Inc. stock between January 25, 2000, and August 24, 2000, filed this putative class action against Crossroads and three of its officers seeking recovery for securities fraud under Sections 10(b) and 20(a) of the Securities Exchange Act and Rule 10b-5. The action is based on several statements made by defendants relating to the capabilities of Crossroads's products and financial results for the first...

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