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BRYANT v. AVADO BRANDS, INC.

No. 98-9253.

187 F.3d 1271 (1999)

John BRYANT, On behalf of himself and all others similarly situated; Robert C. East, et al., Plaintiffs-Appellees, v. AVADO BRANDS, INC.; Thomas E. Dupree, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 3, 1999.

Attorney(s) appearing for the Case

Theodore J. Sawicki, Oscar N. Persons, John A. Jordak, Jr., Atlanta, GA, E. Davison Burch, Blasingame, Burch, Garrard, Bryant & Ashley, PC, Athens, GA, for Defendants-Appellants.

Martin D. Chitwood, Christi C. Mobley, Chitwood & Harley, Atlanta, GA, Thomas E. Egler, James A. Caputo, Joseph D. Daley, Katherine L. Blanck, Eric A. Isaacson, Leonard B. Simon, Milberg, Weiss, Bershad, Hynes & Lerach, LLP, San Diego, CA, Harvey J. Goldschmid, Securities & Exchange Com'n, Washington, DC, for Plaintiffs-Appellees.

Before ANDERSON, Chief Judge, HILL, Senior Circuit Judge, and COOK, Senior District Judge.

ANDERSON, Chief Judge:

INTRODUCTION

This is a securities class action lawsuit brought by shareholders of Apple South, Inc. (now known as "Avado Brands, Inc.") against the corporation and several of its officers. Bryant et al. ("Plaintiffs") allege that Dupree et al. ("Defendants") made false and misleading statements and material omissions in order to inflate the value of the company's stock in violation of the Securities and Exchange Act of...

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