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BINDER v. GILLESPIE

No. 97-35943.

172 F.3d 649 (1999)

Albert BINDER; Estelle Binder, in their individual capacities and on behalf of one or more classes of persons similarly situated, Plaintiffs-Appellants, v. Thomas GILLESPIE; Marie Mullen Gillespie; T. Gordon Sim; Diane L. Karban; John A. Good, Defendants, Ian R. Wilson; Cary S. Fitchey; Mark L. Stevens; Deloitte & Touche; Mark Stevenson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 30, 1999.

Attorney(s) appearing for the Case

Robert H. Bretz, Marina del Ray, California, for the plaintiffs-appellants.

Jeffery J. Ventrella, Elam & Burke, Boise, Idaho, for defendants-appellees Wilson, Fitchey, and Stevens.

Lois D. Thompson and Erik M. Silber, Proskauer Rose, Los Angeles, California, for defendant-appellee Deloitte & Touche.

Before: SKOPIL, FARRIS, and REINHARDT, Circuit Judges.

Opinion by Judge SKOPIL; Dissent by Judge REINHARDT.

SKOPIL, Circuit Judge:

Albert Binder brought this action against Aqua Vie Beverage Corporation (AVBC), various AVBC officers and directors, and the accounting firm of Deloitte & Touche (Deloitte), asserting, on his own behalf and as a representative for a class of investors, that defendants violated federal and state securities laws. The district court decertified the class and declined to exercise supplemental...

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