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IN RE EXABYTE CORP. SECURITIES LITIGATION

Civ. A. No. 92-K-1896.

823 F.Supp. 866 (1993)

In re EXABYTE CORPORATION SECURITIES LITIGATION.

United States District Court, D. Colorado.

June 8, 1993.

Attorney(s) appearing for the Case

James A. Shpall, Wolf & Slatkin, Denver, CO, Richard B. Dannenberg, Neil L. Selinger, Lowey Dannenberg Bemporad & Selinger, P.C., New York City, and Alan Schulman and Kevin P. Roddy, Milberg Weiss Bershad Specthrie & Lerach, San Diego, CA, for plaintiff/petitioner.

Jeffrey B. Rudman, Peter J. MacDonald, Hale & Dorr, Boston, MA, and Nancy J. Gegenheimer, Holme Roberts & Owen, Denver, CO, for defendant.

ORDER ON MOTION TO DISMISS

KANE, Senior District Judge.

This is a putative class action for securities fraud under sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b), 78t(a), and Securities and Exchange Commission (SEC) Rule 10b-5, 17 C.F.R. § 240.10b-5 (1992). Plaintiffs, members of an alleged class consisting of persons who purchased stock in the Exabyte Corporation between March 6 and September 23, 1992...

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