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O'BRIEN v. NATIONAL PROPERTY ANALYSTS PARTNERS

No. 795, Docket 90-7715.

936 F.2d 674 (1991)

James O'BRIEN, Sheldon Friedman, Eugene Gans, Sheldon Smith and James Errant, Individually and on behalf of all other persons similarly situated and derivatively on behalf of WACO Associates, Roger Arkansas Associates, Somerset Kentucky Associates, University Mall Associates and a class of all partnerships set forth on Exhibit "A" hereto, Plaintiffs-Appellants, v. NATIONAL PROPERTY ANALYSTS PARTNERS, et al., Defendants, Price Waterhouse and Howard Jackson Associates, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 17, 1991.

Attorney(s) appearing for the Case

Herbert Beigel, New York City (Elizabeth M. Toll, Lewis S. Sandler, Beigel & Sandler, Ltd., of counsel), for plaintiffs-appellants.

Asa Rountree, New York City (David W. Rivkin, Edwin G. Schallert, Debevoise & Plimpton, Rodman W. Benedict, Associate Gen. Counsel, Price Waterhouse, of counsel), for defendant-appellee Price Waterhouse.

Before KEARSE, WINTER and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Plaintiffs-appellants, a group of investors, appeal from a judgment entered in the United States District Court for the Southern District of New York (Peter K. Leisure, Judge), dismissing their third amended complaint with prejudice, after the court concluded that the complaint failed to plead fraud with particularity as required by Federal Rules of Civil Procedure 9(b). On appeal, plaintiffs-appellants argue that their allegations...

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