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HERTZBERG v. DIGNITY PARTNERS, INC.

No. 98-16394.

191 F.3d 1076 (1999)

Howard HERTZBERG; John DeRosa; Jeffrey Feinman, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. DIGNITY PARTNERS, INC.; Bradley N. Rotter; Alan B. Perper; John Ward Rotter; Stephen T. Bow; Paul A. Volberding, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1999.

Attorney(s) appearing for the Case

Patrick J. Coughlin and Eric A. Isaacson, Milberg Weiss Bershad Hynes & Lerach, San Diego, California; Alison M. Tattersall, San Francisco, California; Nadeem Faruqi, Faruqi & Faruqi, New York, New York; Stephen Rodd, Abbey, Gardy & Squitieri, New York, New York, for the plaintiffs-appellants.

Gerald W. Palmer, Jones, Day, Reavis & Pogue, Los Angeles, California, for the defendants-appellees.

Mark Pennington, Securities & Exchange Commission, Washington, DC, for the amicus.

Before: DAVID R. THOMPSON and WILLIAM A. FLETCHER, Circuit Judges, and ROBERT S. LASNIK, District Judge

W. FLETCHER, Circuit Judge:

This case arises out of alleged misstatements and omissions contained in Appellee Dignity Partners, Inc.'s ("Dignity's") registration statement filed with the Securities and Exchange Commission for an initial public offering of Dignity common stock. Dignity was in the business of buying the rights to life insurance proceeds from people with AIDS, paying a lump sum up front, and taking over the responsibility for paying the premiums. Shortly...

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