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KHOJA v. OREXIGEN THERAPEUTICS, INC.

No. 16-56069.

899 F.3d 988 (2018)

Karim KHOJA, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. OREXIGEN THERAPEUTICS, INC.; Joseph P. Hagan; Michael A. Narachi; Preston Klassen, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2018.

Attorney(s) appearing for the Case

Ramzi Abadou (argued), Khan Swick & Foti, San Francisco, California; Lewis Khan , Alexander Burns , and Scott St. John, Khan Swick & Foti LLC, Madisonville, Louisiana; for Plaintiff-Appellant.

Jessica Valenzuela Santamaria (argued) and John C. Dwyer , Cooley LLP, Palo Alto, California; Mary Kathryn Kelley and Dane R. Voris , Cooley LLP, San Diego, California; for Defendants-Appellees.

Before: A. Wallace Tashima, and Marsha S. Berzon, Circuit Judges, and Robert E. Payne, District Judge.

OPINION

This is an appeal from the dismissal by the district court of an action under the Securities Exchange Act of 1934, 15 U.S.C. §§ 78a et seq. We must decide whether the district court erred in dismissing the action. We conclude that it did, in part. We also conclude that, in dismissing the...

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