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GREEBEL v. FTP SOFTWARE, INC.

No. 98-2194.

194 F.3d 185 (1999)

Lawrence M. GREEBEL, Richard Crane, Brian D. Robinson, and John and Ann Somers on behalf of themselves and all others similarly situated, Appellants, v. FTP SOFTWARE, INC.; Robert W. Goodnow, Jr.; Penny C. Leavy; Douglas F. Flood; Jonathan Rodin; Charlotte H. Evans; and David H. Zirkle, Appellees.

United States Court of Appeals, First Circuit.

Decided October 8, 1999.

Attorney(s) appearing for the Case

Stephen Moulton, with whom Nancy Freeman Gans and Moulton & Gans, LLP, and Sanford P. Dumain, with whom Samuel H. Rudman and Milberg Weiss Bershad Hynes & Lerach LLP, were on brief, for appellants.

Bruce G. Vanyo, with whom Jerome F. Birn, Jr., Rebecca A. Mitchells, and Wilson Sonsini Goodrich & Rosati, were on brief for appellee FTP Software, Inc.

Jeffrey B. Rudman, with whom Peter J. Macdonald and Hale and Dorr LLP, were on brief, for individual appellees.

Harvey J. Goldschmid, General Counsel, Jacob H. Stillman, Solicitor, Eric Summergrad, Deputy Solicitor, and Luis de la Torre, Attorney, on brief for amicus curiae Securities and Exchange Commission.

Before TORRUELLA, Chief Judge, NOONAN and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

This case requires us for the first time to interpret the provisions of the Private Securities Litigation Reform Act of 1995, 15 U.S.C. § 78u-4. Plaintiffs, purchasers of FTP Software stock from July 14, 1995 to January 3, 1996, brought suit under sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b), 78t(a). During the period of plaintiffs' purchases, the stock reached a high of $38.875 per share...

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