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LAPIDUS v. HECHT

No. 99-15835

232 F.3d 679 (2000)

Cary LAPIDUS; Denise Lapidus, Trustees of the Cary and Denise Lapidus Living Trust, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. G. Randall HECHT; Paul Stephens; Robertson Stephens & Company; Robertson Stephens & Company Investment Management, L.P.; Robertson Stephens Investment Management Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 13, 2000.

Attorney(s) appearing for the Case

Joseph J. Tabacco, Jr., Berman, DeValerio, Pease & Tabacco, P.C., San Francisco, California; Jared B. Stamell, Stamell & Schager, LLP, New York, New York, for the plaintiffs-appellants.

Isabel M. Traugott and Kevin P. Muck, Brobeck, Phleger & Harrison, LLP, San Francisco, California, for the defendants-appellees.

Before: THOMPSON, T. G. NELSON, and SILVERMAN, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Cary and Denise Lapidus, trustees of the Cary and Denise Lapidus Living Trust, appeal the district court's dismissal of their class action against the Robertson, Stephens Investment Trust1 alleging violations of the Investment Company Act, 15 U.S.C. §§ 80a-13(a)(2), 13(a)(3), and 18(f), in connection with the trust's management of a mutual fund. The plaintiffs seek to recover losses sustained...

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