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WARSHAW v. XOMA CORP.

Nos. 94-16271, 94-16297.

74 F.3d 955 (1996)

Regina WARSHAW and John D. Kaufman, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. XOMA CORPORATION; Steven C. Mendell, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 25, 1996.

Attorney(s) appearing for the Case

Eric A. Isaacson, Milberg, Weiss, Bershad, Hynes & Lerach, San Diego, California, Reed R. Kathrein, Milberg, Weiss, Bershad, Hynes & Lerach, San Francisco, California, Alan R. Plutzik, Gold & Bennett, San Francisco, California, and Irving Malchman, Kaufman, Malchman, Kirby & Squire, New York City, for plaintiffs-appellants.

Anthony I. Fenwick, Latham & Watkins, San Francisco, California and Laurence A. Silverman, Cahill, Gordon & Reindel, New York City, for defendants-appellees.

Before: LAY, GOODWIN, and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge:

This is a class action brought under Section 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated by the Securities and Exchange Commission, 17 C.F.R. § 240.10b-5. The district court allowed plaintiffs to amend their complaint three times and then dismissed the third amended complaint (the Complaint) under Fed.R.Civ.Pro. 12(b)(6) for failure to...

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