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IND. DIST. COUNCIL v. OMNICARE

No. 12-5287.

719 F.3d 498 (2013)

INDIANA STATE DISTRICT COUNCIL OF LABORERS AND HOD CARRIERS PENSION AND WELFARE FUND, on behalf of itself and all others similarly situated, Plaintiff, Cement Masons Local 526 Combined Funds; Laborers District Council Construction Industry Pension Fund, Plaintiffs-Appellants, v. OMNICARE, INC.; Joel F. Gemunder; David W. Froesel, Jr.; Cheryl D. Hodges; Edward L. Hutton; Sandra E. Laney, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 23, 2013.

Rehearing and Rehearing En Banc Denied July 23, 2013.

Attorney(s) appearing for the Case

ARGUED: Eric Alan Isaacson , Robbins Geller Rudman & Dowd LLP, San Diego, California, for Appellants. Harvey Kurzweil , Winston & Strawn LLP, New York, New York, for Appellees. ON BRIEF: Eric Alan Isaacson , Henry Rosen , Jennifer L. Gmitro , Amanda M. Frame , Robbins Geller Rudman & Dowd LLP, San Diego, California, for Appellants. Harvey Kurzweil , Richard W. Reinthaler , John E. Schreiber , Winston & Strawn LLP, New York, New York, Wm. T. Robinson III , Michael E. Nitardy , Frost Brown Todd LLC, Florence, Kentucky, for Appellees.

COLE, J., delivered the opinion of the court in which GRIFFIN, J., and GWIN, D.J., joined. GWIN, J. (pp. 510-11), delivered a separate concurring opinion.

OPINION

COLE, Circuit Judge.

Plaintiffs, all Omnicare investors, appeal the dismissal of their securities suit under § 11 of the Securities Act of 1933, 15 U.S.C. § 77k (2010), against Defendants Omnicare, Inc., its officers, and directors. Plaintiffs allege that Defendants made material misstatements and/or omissions in a Registration Statement filed with the Securities and Exchange Commission in connection with a December 2005 public stock offering...

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