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HUNT v. ALLIANCE NORTH AMERICAN GOVERNMENT

Docket No. 97-9477.

159 F.3d 723 (1998)

Robert B. HUNT, IRA; Paul James, IRA and Paul James, Plaintiffs-Appellants, v. ALLIANCE NORTH AMERICAN GOVERNMENT INCOME TRUST, INC.; Alliance Capital Management L.P.; Alliance Capital Management Corporation; Alliance Fund Services, Inc.; Wayne D. Lyski; Robert M. Sinche and David H. Dievler, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 15, 1998.

Attorney(s) appearing for the Case

James C. Krause, San Diego, CA (Patrick N. Keegan, Krause & Kalfayan, San Diego, CA; David J. Bershad, Robert P. Sugarman and Paul D. Young, Milberg Weiss Bershad Hynes & Lerach, New York, NY, On the Brief), for Plaintiffs-Appellants.

John L. Hardiman, New York, NY (Lori S. Sherman, Sullivan & Cromwell, New York, NY, Of Counsel), for Defendant-Appellee, Alliance North American Government Income Trust, Inc.

James H.R. Windels, New York, NY (Dennis E. Glazer and Katharine L. Strobos, Davis Polk & Wardwell, New York, NY, Of Counsel), for Defendants-Appellees, Alliance Capital Management L.P., Alliance Capital Management Corporation, Alliance Fund Distributors, Inc., Wayne D. Lyski, Robert M. Sinche and David H. Dievler.

Before: OAKES, WALKER, and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

Plaintiffs are shareholders in Alliance North American Government Income Trust, Inc. (the "Fund"), an open-ended mutual fund formed to make investments in government-guaranteed securities of Mexico, Canada, the United States, and countries in Central and South America. Plaintiffs brought this action against the Fund (and related persons and entities1) alleging various violations of the federal securities laws and...

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