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CA PUBLIC EMPLOYEES' RETIREMENT SYSTEM v. CHUBB

No. 03-3755.

394 F.3d 126 (2005)

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, on behalf of itself and all others similarly situated; New York State Common Retirement Fund; The Butler Wick Trust Company, The Executor of the Estate of John N. Teeple, Deceased, Appellants v. The CHUBB CORPORATION; Dean R. O'Hare; David B. Kelso; Henry B. Schram; Executive Risk Inc.; Stephen J. Sills; Robert H. Kullas; Robert V. Deutsch.

United States Court of Appeals, Third Circuit.

Filed December 30, 2004.

Attorney(s) appearing for the Case

William S. Lerach, Eric A. Isaacson, (Argued), Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, San Diego, for Appellants.

Herbert Wachtell, (Argued), Jonathan E. Pickhardt, John F. Savarese, Wachtell, Lipton, Rosen & Katz, New York, Mary C. Roper, Drinker, Biddle & Reath, Philadelphia, for Appellees The Chubb Corporation; Dean R. O'Hare; David B. Kelso; Henry B. Schram; Executive Risk Inc.

William J. O'Shaughnessy, (Argued), McCarter & English, Newark, for Appellees Stephen J. Sills; Robert H. Kullas; Robert V. Deutsch.

Before SLOVITER, VAN ANTWERPEN and COWEN, Circuit Judges.

COWEN, Circuit Judge.

This is a securities class action lawsuit brought on behalf of shareholders of the Chubb Corporation ("Chubb") against Chubb, Executive Risk, Inc. ("Executive Risk"), and several Chubb and Executive Risk officers. Plaintiffs aver that Defendants defrauded investors by artificially inflating the value of Chubb's common stock through accounting manipulations and false statements designed to effectuate a stock-for-stock merger between Chubb and...

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