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SALTZBERG v. TM STERLING/AUSTIN ASSOCIATES, LTD.

No. 93-8725.

45 F.3d 399 (1995)

David SALTZBERG, et al., Plaintiffs-Appellants, Cross-Appellees, v. TM STERLING/AUSTIN ASSOCIATES, LTD., et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 16, 1995.

Attorney(s) appearing for the Case

Steve Gard, Page & Bacek, Atlanta, GA, Norman Rifkind, Beigel & Sandler, Chicago, IL, for appellants.

James C. Grant, Alston & Bird, Oscar N. Persons, Atlanta, GA, Walter G. Elliott, Elliott & Blackburn, Valdosta, GA, for appellees.

Before EDMONDSON and CARNES, Circuit Judges, and HENDERSON, Senior Circuit Judge.

PER CURIAM:

We affirm the grant of summary judgment to defendants in this action under section 10(b) of the Securities and Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. In doing so, we accept and apply the "bespeaks caution" doctrine as explained in In re Donald J. Trump Casino Sec. Litig, 7 F.3d 357 (3rd Cir.1993).

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