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BRADFORD-WHITE CORP. v. ERNST & WHINNEY

Nos. 88-1781, 88-1828.

872 F.2d 1153 (1989)

BRADFORD-WHITE CORPORATION, Appellant in 88-1781 v. ERNST & WHINNEY. BRADFORD-WHITE CORPORATION, v. ERNST & WHINNEY, Appellant in 88-1828.

United States Court of Appeals, Third Circuit.

Decided April 21, 1989.

Rehearing and Rehearing Denied July 14, 1989.

Attorney(s) appearing for the Case

Patrick W. Kittredge (argued), Joseph M. Donley, Gardenia L. Brooman, Kittredge, Kaufman & Donley, Philadelphia, Pa., for Bradford-White Corp.

Raymond K. Denworth, Jr. (argued), William J. Lehane, Horace D. Nalle, Jr., Drinker Biddle & Reath, Philadelphia, Pa., T. Maxfield Bahner, Chambliss, Bahner, Crutchfield, Gaston & Irvine, Chattanooga, Tenn., for Ernst & Whinney.

Before MANSMANN, GREENBERG and SCIRICA, Circuit Judges.

Rehearing and Rehearing In Banc Denied July 14, 1989.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

This is a securities law case under section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) and Rule 10b-5 promulgated thereunder by the Securities and Exchange Commission, 17 C.F.R. § 240.10b-5, in which Bradford-White Corporation, the buyer of the stock of W.L. Jackson Manufacturing Co., is suing Ernst & Whinney, the...

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