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CHUTICH v. TOUCHE ROSS & CO.

No. 91-1918.

960 F.2d 721 (1992)

Joseph D. CHUTICH; Melvin R. Harris; James A. Sivinski; Leonard Krivy; Rochester Sand & Gravel, Inc., Pension Plan; Green Tree Acceptance, Inc., a Minnesota corporation; Lawrence M. Coss; Richard G. Swanson, Appellees, John W. Brink; Robley D. Evans; Robert S. Nickoloff; Harold W. Greenwood, Jr., Appellant, v. TOUCHE ROSS & CO., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 30, 1992.

Attorney(s) appearing for the Case

Michael D. Olafson, Minneapolis, Minn., argued (Terrance Fleming and Sally Whiteside, on the brief), for appellant.

Wendy Wildung, Minneapolis, Minn., argued (Lawrence Brown and Michael Ponto, on the brief), for appellees.

Lawrence Shapiro, Minneapolis, Minn., argued (Charles Quaintance, Jr. and Wayne Moskowitz on the brief), for appellee Touche Ross & Co.

Before FAGG, Circuit Judge, TIMBERS, Senior Circuit Judge, and MAGILL, Circuit Judge.

FAGG, Circuit Judge.

Common stockholders brought this class action against Green Tree Acceptance, Inc. (Green Tree) and certain present and former directors and officers asserting violations of federal securities law, including section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (1988), and Rule 10b-5, 17 C.F.R. § 240.10b-5 (1991). Harold W. Greenwood, Jr., Green Tree's chairman of the board...

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