CITY OF PHILADELPHIA v. FLEMING COMPANIES, INC.

No. 00-6081.

264 F.3d 1245 (2001)

CITY OF PHILADELPHIA, acting through its Board of Pensions and Retirement, and Ronald T. Goldstein, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. FLEMING COMPANIES, INC.; Robert E. Stauth; R. Randolph Devening; Donald N. Eyler; Kevin J. Twomey, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 7, 2001.


Attorney(s) appearing for the Case

M. Richard Komins of Barrack Rodos & Bacine, Philadelphia, PA (Leonard Barrack of Barrack Rodos & Bacine, Philadelphia, PA; Sanford P. Dumain and William C. Fredericks of Milberg Weiss Bershad Hynes & Lerach LLP, New York, NY; and Robert Nelson of Bass Bass & Nelson, El Reno, OK, with him on the briefs) for Plaintiffs-Appellants.

Reid E. Robison of McAfee & Taft, P.C., Oklahoma City, OK (John N. Hermes and James R. Webb of McAfee & Taft, P.C., Oklahoma City, OK; Tower C. Snow, Jr. and Robert P. Varian of Brobeck, Phleger & Harrison LLP, San Francisco, CA; and Paul R. Bessette, P.C. of Brobeck, Phleger & Harrison, LLP, Austin, TX, with him on the brief) for Defendants-Appellees.

Before EBEL, McKAY and CUDAHY, Circuit Judges.


EBEL, Circuit Judge.

This case requires us for the first time to interpret the provisions of the Private Securities Litigation Reform Act of 1995 ("PSLRA"), 15 U.S.C. § 78u-4. Plaintiffs brought this consolidated class action lawsuit alleging securities fraud under the Securities Exchange Act of 1934 ("the Act"), see 15 U.S.C. §§ 78a et seq., and Rule 10b-5, see 17 C.F.R. § 240.10b...

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