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WILLIAMS v. WMX TECHNOLOGIES, INC.

No. 96-20461.

112 F.3d 175 (1997)

Dennis WILLIAMS, Richard Dreiling, Plaintiffs-Appellees, v. WMX TECHNOLOGIES, INC. formerly known as Waste Management, Inc. and Environmental Industry Associations, formerly known as National Solid Waste Management Association; Dean L. Buntrock, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied May 22, 1997.

Attorney(s) appearing for the Case

Ben C. Broocks, H. Victor Thomas, Jr., Broocks, Baker & Lange, Houston, TX, Diana Elizabeth Marshall, James Tynan Kelly, Schechter & Marshall, Houston, TX, Donna K. Gray, Martin & Farley, Houston, TX, for Plaintiffs-Appellees.

Nicholas J. Etten, Peter G. Rush, Maureen Ward Kirby, Marc Douglas Fisher, Bell, Boyd & Lloyd, Chicago, IL, Lynne Liberato, Haynes and Boone, Houston, TX, for Defendants-Appellants.

Joseph M. Hassett, Washington, DC, Albert W. Turnbull, George Henry Mernick, III, Hogan & Hartson, Washington, DC, David J. Beck, Laura Nicole Batey, Beck, Redden & Secrest, Houston, TX, for Environmental Industry Associations, National Solid Waste Management Association fka National Solid Waste Management Association, Defendant-Appellant.

Before HIGGINBOTHAM, DAVIS and BARKSDALE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 22, 1997.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a class action suit alleging fraud in the sale of securities. WMX, EIA, and Dean Buntrock bring this interlocutory appeal from the district court's denial of their motion to dismiss Williams and Dreiling's complaint. We find that the amended complaint failed to allege fraud with particularity, reverse the order of the district court, and remand...

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