GANINO v. CITIZENS UTILITIES CO.

Docket No. 99-7904.

228 F.3d 154 (2000)

Joseph A. GANINO, Robert E. Creighton, Louise A. Creighton, William J. Fray, The Estate of Norman Garand, The Garand Family Partnership, A. John Kalil, Reza Najafzadeh, Jeffrey T. Norton, Rebecca L. Norton, John Norton, Matthew Norton, Laura Norton, Alice M. Tobin and Brantley H. Tudor, individually and on behalf of a class of persons similarly situated, Plaintiffs-Appellants, v. CITIZENS UTILITIES COMPANY, Leonard Tow, Livingston E. Ross, and Robert J. Desantis, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 6, 2000.

As Amended September 11, 2000.


Attorney(s) appearing for the Case

Andrew M. Schatz (Jeffrey S. Nobel, Andrew S. Turret, on the brief), Schatz & Nobel, PC, Hartford, CT, for Appellants.

George A. Zimmerman (W.H. Ramsay Lewis, Shoshanah V. Asnis, on the brief), Skadden, Arps, Slate, Meagher & Flom, LLP, New York, New York, for Appellee.

Before: NEWMAN, KEARSE, and KATZMANN, Circuit Judges.


KATZMANN, Circuit Judge:

The plaintiffs-appellants appeal from a final judgment of the United States District Court for the District of Connecticut (Warren W. Eginton, Senior Judge), granting the defendants-appellees' motion to dismiss the Second Amended Complaint (the "Complaint") for failure to state a claim under Sections 10(b)1 and 20(a)2 of the Securities Exchange Act of 1934 (the "Exchange Act...

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