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MATTER OF VMS LTD. PARTNERSHIP SECURITIES LIT.

No. 93-3892.

26 F.3d 50 (1994)

In the Matter of VMS LIMITED PARTNERSHIP SECURITIES LITIGATION. Appeal of Edward J. BERGER and Barbara B. Berger.

United States Court of Appeals, Seventh Circuit.

Decided June 6, 1994.

Attorney(s) appearing for the Case

Michael D. Hayes, Perri L. Irmer, Holleb & Coff, Chicago, IL, Paul K. Stecker (argued), Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY, for appellants.

Keith F. Bode, Jerold S. Solovy, Ellen R. Kordik, C. John Koch, J. Kevin McCall (argued), Jenner & Block, Chicago, IL, for appellees.

Before BAUER, WOOD, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

As part of a settlement, members of the class in this case agreed to give up all securities claims against CIGNA Securities, Inc., in exchange for modest payments. CIGNA provided financial planning services to Edward J. Berger, and the settlement entitled him to a rebate of a portion of the annual fees he had paid. Before he received the notice informing him of the settlement, Berger had begun to mull over the possibility of suing CIGNA...

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