In re SOFTWARE TOOLWORKS INC. Securities Litigation.
Richard B. DANNENBERG, On Behalf of Himself and all others Similarly Situated, Plaintiff, and
Mindy Blitz, Eugene Costiglio, Kenneth H. Ross, Homer Fleisher, Steven G. Cooperman, Nathaniel Orme, Ervin H. Fishman, Frederick Wertheimer, Barbara Wertheimer, William J. Bing, Arlene S. Bing, trustees of William J. Bing and Arlene S. Bing Living Trust, Anthony D. Shapiro, William Dulude, H.N. Brown, Jr., David E. Lockrow, Karl E. Bauman, Lucille C. Bauman, and Jack Schnitzer, Plaintiffs-Appellants,
v.
PAINEWEBBER INC., Montgomery Securities and Deloitte & Touche, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Submitted August 23, 1994.
Decided October 19, 1994.
Amended March 13, 1995.
Attorney(s) appearing for the Case
Leonard B. Simon and Alan Schulman, Milberg Weiss Bershad Spechthrie & Lerach, San Diego, CA; Sherrie R. Savett, Berger & Montague, Philadelphia, PA; Ronald Litowitz, Bernstein Litowitz Berger & Grossmann, New York City for plaintiffs-appellants.
Leslie G. Landau, McCutchen, Doyle, Brown & Enersen, San Francisco, CA, for defendant-appellee Deloitte & Touche.
Boris Feldman, Wilson, Sonsini, Goodrich & Rosati, Palo Alto, CA, for defendants-appellees Montgomery Securities and Paine-Webber.
William F. Alderman, Orrick, Herington & Sutcliffe, San Francisco, CA, for amicus curiae.
Before: LAY, HALL, and THOMPSON, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
ORDER
The Opinion filed October 19, 1994 [38 F.3d 1078] is amended as follows: At page 12816 [1091], second full paragraph, delete the second and third sentences and replace with the following:
Only four of Toolworks's actual OEM contracts, however, contained such language. Because only a small portion of the total OEM contracts included the "model" language, Deloitte should have known that the model agreement was false...
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