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FECHT v. PRICE CO.

No. 93-55541.

70 F.3d 1078 (1995)

Max FECHT, On behalf of himself and all others similarly situated; Errol Marcus; Norman Cooper; Hamilton J. Sah, et al., Plaintiffs-Appellants, v. The PRICE COMPANY; Robert W. Price; Dennis R. Zook; Theodore Wallace, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn October 20, 1994.

Resubmitted January 3, 1995.

Decided November 20, 1995.

Attorney(s) appearing for the Case

William S. Lerach, Eric A. Isaacson & Dennis Stewart, Milberg, Weiss, Bershad, Hynes & Lerach, San Diego, California, for plaintiffs-appellants.

Gerald L. McMahon, James P. Delphey, Seltzer, Caplan, Wilkins & McMahon, San Diego, California, for defendants-appellees.

Before: D.W. NELSON, NORRIS, and BOGGS, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

Plaintiffs appeal the district court's dismissal of their securities fraud action on the grounds that it failed to meet the requirements of Fed.R.Civ.P. 12(b)(6) and 9(b). We review the district court's dismissal de novo, Wool v. Tandem Computers Inc., 818 F.2d 1433, 1439-40 (9th Cir.1987), and reverse and remand to the district court.

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