IN RE SUMMIT MEDICAL SYSTEMS, INC., SECURITIES LITIGATION

No. 97-CV-558.

10 F.Supp.2d 1068 (1998)

In re SUMMIT MEDICAL SYSTEMS, INC., SECURITIES LITIGATION.

United States District Court, D. Minnesota.

June 29, 1998.


Attorney(s) appearing for the Case

Stanley M. Grossman, Patrick V. Dahlstrom, Pomerantz Haudek Block & Grossman, New York, NY, Peter G.A. Safirstein, Samuel D. Heins, Stacey L. Mills, Heins Mills & Olson, Minneapolis, MN, Glen DeValerio, Michael G. Lange, Berman DeValerio & Pease, Boston, MA, Richard J. Vita, Vita Law Office, Boston, MA, for Jong E. Lee.

Peter Scott Hendrixson, Peter W. Carter, Julie Gyurci Meaney, Dorsey & Whitney, Minneapolis, MN, for Summit Medical Systems, Inc.

John Alpiner Halpern, Halpern & Assoc., Minneapolis, MN, for Teachers' Retirement System of Louisiana.

Timothy Desmond Kelly, Wendy A. Snyder, Kelly & Berens, Minneapolis, MN, Stanley J. Parzen, Michele Odorizzi, Mayer Brown & Platt, Chicago, IL, for Ernst & Young LLP.


ORDER

ROSENBAUM, District Judge.

Defendants seek an order dismissing plaintiffs' Amended Consolidated Class Action Complaint,1 pursuant to Rules 9(b) and 12(b)(5) and (6) of the Federal Rules of Civil Procedure ("Fed.R.Civ.P.") and 15 U.S.C. § 78u-4. The Court heard oral argument on December 12, 1997. Defendants' motion is granted as to Count III of the Complaint, and denied...

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