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SONNENFELD v. CITY AND COUNTY OF DENVER

Nos. 95-1357, 95-1431.

100 F.3d 744 (1996)

Bonnie SONNENFELD, individually and on behalf of all those similarly situated; Karl Nicoletti, on behalf of himself and all others similarly situated; Hilda Ebling Stoller Trust, by Hilda Stoller, also known as Hilda Stoller Milstein; Larry Rabinowitz, on behalf of himself and all others similarly situated, Plaintiffs-Appellees, v. DENVER, CITY and COUNTY OF, Defendant-Appellant, and Lazard Freres; Pryor, McClendon, Counts & Company; Goldman, Sachs & Company; LS Financial Inc.; Dain Bosworth, Inc.; Lehman Brothers, Inc.; Artemis Capital Group, Inc.; Piper Jaffray, Inc., Defendants.

United States Court of Appeals, Tenth Circuit.

November 12, 1996.

Attorney(s) appearing for the Case

James M. Lyons (Frederick J. Baumann and JoAnn L. Vogt, with him on the brief), Rothgerber, Appel, Powers & Johnson, Denver, Colorado, for the appellant.

Sherrie R. Savett, Berger & Montague, P.C., Philadelphia, Pennsylvania (Genna Driscoll Kidd, Berger & Montague, P.C., Philadelphia, Pennsylvania; and Kevin J. Yourman, Weiss & Yourman, Los Angeles, California, with her on the brief), for the appellees.

Before HENRY, LOGAN, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiffs brought these four consolidated class actions alleging the City and County of Denver made false and misleading statements, in violation of § 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)) and Securities Exchange Commission Rule 10b-5, in the issuance of bonds to finance a new airport. Denver moved to dismiss, arguing there is no implied private right of action...

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