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LONE STAR LADIES INV. CLUB v. SCHLOTZSKY'S

No. 99-50958.

238 F.3d 363 (2001)

Lone Star Ladies Investment Club, a Texas General Partnership, on behalf of itself and all others similarly situated; Mark Balius; Joseph Casano; Wilford A. Grimes; Frank A. Quiriconi; Ralph Casey, Plaintiffs-Appellants, v. Schlotzsky's Inc., Defendants, Schlotzsky's Inc.; Monica Gill; John M. Rosillo; Jeffrey J. Wooley; John C. Wooley, Defendants-Appellees Ronald Traub, on behalf of himself and all others similarly situated, Plaintiff-Appellant v. Schlotzsky's, Inc.; John C. Wooley; Jeffrey J. Wooley; John M. Rosillo; Monica Gill, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Revised, January 11, 2001.

Attorney(s) appearing for the Case

Joseph David Daley, Eric Alan Isaacson, Leonard B. Simon (argued), Milberg, Weiss, Bershad, Hynes & Lerach, San Diego, CA, Daniel L. Berger, Rochelle Feder Hansen, New York City, for Plaintiffs-Appellants.

Daniel J. Tyukody, Jr. (argued), Michael C. Tu, Brobeck, Phleger & Harrison, Los Angelos, CA, Paul R. Bessette, Brobeck, Phleger & Harrison, Austin, TX, for Defendants-Appellees.

Jacob H. Stillman, Luis de la Torre (argued), Eric Summergrad, Securities & Exchange Commission, Washington, DC, for Securities and Exchange Commission, Amicus Curiae.

Before GARWOOD, HIGGINBOTHAM, and STEWART, Circuit Judges.

HIGGINBOTHAM, Circuit Judge:

This appeal is from dismissal of a suit on behalf of a class of purchasers of securities, charging that Schlotzsky's and four of its officers and directors violated the Securities Act of 19331 and the Securities and Exchange Act of 19342 in their required financial filing, including a public offering of securities. The district court, faulting the absence of pleading particulars...

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