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RONCONI v. LARKIN

No. 98-15993.

253 F.3d 423 (2001)

Alfred RONCONI; James V. Biglan; Jean Mullin, Plaintiffs-Appellants, v. C. Raymond LARKIN, Jr.; Laureen Debuono; David B. Swedlow; Michael P. Downey; Kenneth E. Bennert; Robert L. Doyle; Lee Middleman; Boudewijn L. Bollen; Charles H. Bowden; David J. Illingworth; Kenneth Sumner; Nellcor Puritan Bennett, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2001

Attorney(s) appearing for the Case

Leonard B. Simon (argued) and Eric A. Isaacson (briefed), Milberg Weiss Bershad Hynes & Lerach LLP, San Diego, California, for the plaintiffs-appellants.

Darryl Rains, Morrison & Foerster LLP, San Francisco, California, for the defendants-appellees.

Before: JAMES R. BROWNING, PAMELA ANN RYMER, and ANDREW J. KLEINFELD, Circuit Judges.

Argued and Submitted December 8, 1999 — San Francisco

KLEINFELD, Circuit Judge.

This case concerns sufficiency of the pleadings in a securities fraud case.

I. FACTS

The district court dismissed this case for failure to state a claim upon which relief could be granted, so we state the facts as they are stated in the complaint to determine whether the complaint states a claim upon which relief could be granted. In the context...

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