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COLLINS v. MORGAN STANLEY DEAN WITTER

No. 99-41037.

224 F.3d 496 (2000)

James A. COLLINS, Stanley L. Mason, Curtis Colicher, Gloria Bailey, Dana Flores, R.L. Nelson, Jr., Robert M. Chiste, and David J. Atwood, Plaintiffs-Appellants, v. MORGAN STANLEY DEAN WITTER and Ian C.T. Pereira, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 31, 2000.

Attorney(s) appearing for the Case

Patrick Andrew Zummo (argued), Paul Lee Mitchell, Zummo, Mitchell & Perry, David B. Harberg, The Law Offices of David B. Harberg, Houston, TX, Charles Clark, Watkins & Eager, Jackson, MS, for Plaintiffs-Appellants.

Robin C. Gibbs, Robert Joseph Madden, Andrew Lee Pickens, Gibbs & Bruns, Houston, TX, Kenneth M. Kramer (argued), Richard F. Schwed, Shearman & Sterling, New York City, Timothy A. Beeton, Simpson, Beeton, Finegan & Jaworski, Galveston, TX, for Defendants-Appellees.

Before JOLLY, SMITH, and BARKSDALE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Relying partly on the advice of Morgan Stanley, later Morgan Stanley Dean Witter & Co. ("Morgan Stanley"), the board of directors and stockholders of Allwaste, Inc. ("Allwaste"), voted to merge with Philip Services Corporation ("Philip"). Each of the plaintiffs had earned stock options as part of his compensation while working at Allwaste.

After the merger, Philip announced that it had filed inaccurate financial statements...

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