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RUBKE v. CAPITOL BANCORP LTD

No. 07-15083.

551 F.3d 1156 (2009)

Ellen RUBKE, as Trustee of the 1986 Rubke Living Trust; Jack Ferguson, individually and on behalf of all other similarly situated shareholders of Napa Community Bank, Plaintiffs-Appellants, v. CAPITOL BANCORP LTD, a Michigan corporation; Joseph D. Reid, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 13, 2009.

Attorney(s) appearing for the Case

James V. Weixel, Jr., San Francisco, CA; George S. Trevor, Corte Madera, CA; John F. Friedemann and Kyle M. Fisher, Friedemann Goldberg LLP, Santa Rosa, CA, for the plaintiffs-appellants.

Bruce A. Ericson, Kevin M. Fong, and Andrew D. Lanphere, Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA, for the defendants-appellees.

Before: ROBERT R. BEEZER, JANE R. ROTH, and JAY S. BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

Ellen Rubke, as Trustee of the 1986 Rubke Living Trust, and Jack Ferguson, individually and on behalf of other similarly situated minority shareholders of Napa Community Bank, appeal the district court's dismissal of their First Amended Complaint, which alleges that Capital Bancorp, Ltd. and its CEO and Chairman Joseph Reid violated section 11 of the Securities Act of 1933 and sections 10(b) and 14(e) of the Securities Exchange Act of 1934. They...

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