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IN RE NUCORP ENERGY SECURITIES LITIGATION

No. 83-6468. MDL No. 514.

772 F.2d 1486 (1985)

In re NUCORP ENERGY SECURITIES LITIGATION, Stanford PHELPS and Robert Gulick, in behalf of themselves and in behalf of the 19¾%-10% Delayed Convertible Debentures of Nucorp Energy, Inc., (an Ohio Corporation), Graphics Club, Inc., (a New York Corporation), Private Water Supply, Inc., (an Illinois Corporation), and Herbert Lust, individually, Plaintiffs-Appellants, v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a National Banking Association, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 3, 1985.

Attorney(s) appearing for the Case

Bader & Bader, I. Walton Bader, White Plains, N.Y., for plaintiffs-appellants.

J. Anthony Sinclitico, III, Gibson, Dunn & Crutcher, San Diego, Cal., Theodore A. Livingston, Jeffrey M. Strauss, Doreen A. Gagnon, Mayer, Brown & Platt, Chicago, Ill., for defendant-appellee.

Leonard B. Simon, Milberg Weiss Bershad Specthrie & Lerach, San Diego, Cal., for class action plaintiffs-appellees.

Before GOODWIN, WALLACE and REINHARDT, Circuit Judges.

GOODWIN, Circuit Judge.

Plaintiffs (the Phelps Committee) appeal the judgments dismissing their claims of violation of federal securities laws and their pendent state law claims. We affirm the district court in all respects.

This action is related to a class action brought against Continental Illinois National Bank and Trust Company of Chicago, et al. Continental served as an indenture trustee for convertible debentures issued on October 1, 1981, by Nucorp...

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