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METRO SERVICES INC. v. WIGGINS

No. 98-9104.

158 F.3d 162 (1998)

METRO SERVICES INC., Anthony P. Uzzo, for the Anthony P. Uzzo Defined Benefit Keogh Plan, and as Trustee of the A. Uzzo & Co. Pension Trust of Purchase, New York, Anthony Siniscalchi, Blaise Fredella, on behalf of Themselves and all Others Similarly Situated, Gary Weber, Daniel Hurley, Michael Sabbia, aka the Vogel Plaintiffs, PBHG Funds, Inc, Robert Milligan, Plaintiffs. Public Employees' Retirement Association of Colorado, Plaintiff-Appellant, v. Stephen F. WIGGINS, William M. Sullivan, Jeffrey H. Boyd, Andrew B. Cassidy, Defendants, Oxford Health Plans, Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 15, 1998.

Attorney(s) appearing for the Case

Jay W. Eisenhofer, Grant & Eisenhofer, P.A., Wilmington, DE (Stuart M. Grant), for Plaintiff-Appellant-Movant Public Employees' Retirement Association of Colorado.

Patricia M. Hynes, Milberg Weiss Bershad Hynes & Lerach LLP, New York City (Steven G. Schulman, Janine L. Pollack), for Plaintiff-Cross-Movant The Vogel Plaintiffs.

Martin D. Chitwood, Chitwood & Harley, Atlanta, GA (Christi C. Mobley, John O'Shea Sullivan), for Plaintiff-Cross-Movant PBHG Funds, Inc.

Before: CABRANES and POOLER, Circuit Judges, and TRAGER, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

Public Employees' Retirement Association of Colorado ("Colorado PERA") has moved for an expedited appeal of an order of the United States District Court for the Southern District of New York (Charles L. Brieant, Judge), entered pursuant to the Securities Exchange Act of 1934 ("Exchange Act"), as amended by the Private Securities Litigation Reform Act of 1995 ("PSLRA"), 15 U.S.C. § 78u-4, appointing Colorado PERA, the...

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