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IN RE CARTER-WALLACE, INC. SECURITIES LITIGATION

Docket No. 97-7345.

150 F.3d 153 (1998)

In re CARTER-WALLACE, INC. SECURITIES LITIGATION. Joan T. BRUNJES, on behalf of herself and all others similarly situated, Plaintiff-Appellant, Eugene Honeyman, individually and on behalf of all others similarly situated, Consolidated Plaintiff-Appellant, v. Henry H. HOYT, Jr., Daniel J. Black, Paul A. Veteri and Carter-Wallace, Inc., Defendants-Appellees, Joseph S. Harun, Consolidated-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 13, 1998.

Attorney(s) appearing for the Case

Robert P. Sugarman, Milberg, Weiss, Bershad, Hynes & Lerach, LLP, New York City (Ralph M. Stone, Milberg, Weiss, Bershad, Hynes & Lerach, LLP, New York City, Richard J. Kilsheimer, Frederic S. Fox and Joel B. Strauss, Kaplan, Kilsheimer & Fox, LLP, New York City, Jules Brody, Stull, Stull & Brody, New York City, Joseph H. Weiss, Weiss & Yourman, New York City, of counsel), for Plaintiffs-Appellants.

Eric M. Nelson, Whitman, Breed, Abbott & Morgan, New York City, for Defendants-Appellees.

Before: WINTER, Chief Judge, MESKILL, Circuit Judge, and MARTIN, District Judge.

WINTER, Chief Judge:

Joan T. Brunjes and Eugene Honeyman appeal from Judge Duffy's dismissal pursuant to Fed.R.Civ.P. 12(b)(6) of their securities-fraud action. Their complaint alleged that Carter-Wallace, Inc. violated Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.10b-5 (1971), by: (i) making materially false statements in the advertisements it ran in two medical journals, Neurology and...

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