RUBIN v. SCHOTTENSTEIN, ZOX & DUNN

No. 96-3017.

143 F.3d 263 (1998)

Robert E. RUBIN and Patricia Cohen, Plaintiffs-Appellants, v. SCHOTTENSTEIN, ZOX & DUNN, Richard A. Barnhart, Danny L. Todd, and Gregory A. Todd, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 7, 1998.


Attorney(s) appearing for the Case

Bernard D. Mazer (argued and briefed), William C. Donahue, Mazer & Company, Dublin, OH, for Plaintiff-Appellants.

Robert W. Trafford (argued and briefed), Porter, Wright, Morris & Arthur, Columbus, OH, Randall W. Knutti, Ulmer & Berne, Columbus, OH, for Schottenstein, Zox & Dunn and Richard A Barnhart.

Gary D. Greenwald, Shayne & Greenwald, Columbus OH, for Danny L. Todd and Gregory A. Todd.

Before: MARTIN, Chief Judge; MERRITT, KENNEDY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.


BOGGS, J., delivered the opinion of the court, in which MARTIN, C.J., MERRITT, NELSON, RYAN, NORRIS, SUHRHEINRICH, SILER, DAUGHTREY, MOORE, COLE, and GILMAN, JJ., joined. KENNEDY, J. (pp. 270-274), delivered a separate dissenting opinion, in which BATCHELDER and CLAY, JJ., joined.

OPINION

BOGGS, Circuit Judge.

The plaintiffs in this securities-fraud case are private investors from the State of New York who invested $153,000 in an Ohio company, Medical...

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