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HALEBIAN v. BERV

Docket No. 07-3750-cv.

644 F.3d 122 (2011)

John HALEBIAN, Plaintiff-Appellant, v. Elliot J. BERV, Donald M. Carlton, A. Benton Cocanougher, Mark T. Finn, Stephen Randolph Gross, Diana R. Harrington, Susan B. Kerley, Alan G. Merten, R. Richardson Pettit, Defendants-Appellees, CitiFunds Trust III, Nominal Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Question Certified: December 29, 2009.

Certified Question Answered: August 23, 2010.

Decided: May 6, 2011.

Attorney(s) appearing for the Case

Joel C. Feffer ( Daniella Quitt , James G. Flynn , on the brief), Harwood Feffer LLP, New York, NY, for Plaintiff-Appellant.

James S. Dittmar , Goodwin Procter LLP, Boston, MA ( Michael K. Isenman , Matthew M. Hoffman , Goodwin Procter LLP, Washington, DC, on the brief), for Defendants-Appellees.

Before: SACK and B.D. PARKER, Circuit Judges, and STANCEU, Judge.

SACK, Circuit Judge:

Descriptions of the facts underlying this appeal have now been published in three different reported decisions—in the opinion of the United States District Court for the Southern District of New York, Halebian v. Berv ("Halebian I"), 631 F.Supp.2d 284, 287-91 (S.D.N.Y.2007); in this Court's previous opinion certifying a question of state law to the Supreme Judicial Court of Massachusetts...

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