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UPTON v. McKERROW

Civ. A. No. 1:94-cv-0353-MHS.

887 F.Supp. 1573 (1995)

Linda UPTON, on behalf of herself and all others similarly situated, Plaintiff, v. George W. McKERROW, Jr., et al., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

March 30, 1995.

Attorney(s) appearing for the Case

John E. Grasberger, phv, Milberg, Weiss, Bershad, Hynes & Lerach, San Diego, CA, Martin D. Chitwood, Appel, Chitwood & Harley, Atlanta, GA, for plaintiff.

Steven M. Collins, Mary C. Gill, Oscar N. Persons, John Allen Jordak, Jr., Alston & Bird, Atlanta, GA, for defendants, George W. McKerrow, Jr., Ronald P. Sheean, Ronald W. San Martin, J. William Norman, George W. McKerrow, Sr. and Longhorn Steaks, Inc.

Thomas Samuel Richey, William Scott Sorrels, John M. Gross, Powell, Goldstein, Frazer & Murphy, Atlanta, GA, for defendants Robinson-Humphrey Co., Inc. and J.C. Bradford & Co.

ORDER

SHOOB, Senior District Judge.

This action is before the Court on plaintiff's motion to certify a class action and on defendants' motions to dismiss. The Court's rulings are summarized below.

BACKGROUND

Plaintiff has filed this action against defendants for alleged security fraud. Plaintiff seeks to certify a class consisting of all purchasers of the common stock of Longhorn Steaks, Inc. ("Longhorn") from July 27, 1992...

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