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KAPLAN v. ROSE

Nos. 92-55879, 92-56055.

49 F.3d 1363 (1994)

William KAPLAN, Administrator of the Estate of Lois Kaplan, on behalf of himself and all others similarly situated; Thomas Devere, Plaintiffs-Appellants, v. Freeman ROSE; Errol Payne; Richard Penfil; David Radlinski; Weeden & Co., L.P.; Medstone International, Inc., Defendants-Appellees. Georgiane KRAMER, on behalf of herself and all others similarly situated, Plaintiffs-Appellants, v. Freeman ROSE; Medstone International, Inc.; Errol Payne; Richard Penfil; David Radlinski; Weeden & Co., L.P., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 11, 1994.

Rehearing Denied February 9, 1995.

Attorney(s) appearing for the Case

Leonard B. Simon, Milberg Weiss Bershad Specthrie & Lerach, Edward M. Gergosian, Barrack, Rudos & Racine, San Diego, CA, for plaintiffs-appellants.

Paul L. Gale and Darryl S. Gibson, Stradling, Yocca, Carlson & Rauth, Newport Beach, CA, for defendant-appellee Freeman Rose.

Robert E. Currie, Latham & Watkins, Costa Mesa, CA, for other defendants-appellees.

Before: BROWNING, BOOCHEVER, and KLEINFELD, Circuit Judges.

BOOCHEVER, Circuit Judge:

William Kaplan appeals the district court's grant of summary judgment to the defendants in his class action alleging securities violations against Medstone International, Inc., various Medstone officers and directors, and an underwriter (hereinafter collectively referred to as "Medstone," or "the defendants," unless individual identification is required). Georgiane Kramer appeals the dismissal as res judicata of her similar class action against...

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