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NUTMEG SECURITIES v. McGLADREY & PULLEN

No. B146165.

112 Cal.Rptr.2d 657 (2001)

92 Cal.App.4th 1435

NUTMEG SECURITIES, LTD., Plaintiff and Appellant, v. McGLADREY & PULLEN, Defendant and Respondent.

Court of Appeals of California, Second District, Division Seven.

Rehearing Denied November 20, 2001.

Review Denied January 16, 2002.

Attorney(s) appearing for the Case

Wehner and Perlman, Rodney M. Perlman and Stephen T. Hodge, Los Angeles, for Plaintiff and Appellant.

Keker & Van Nest, Christopher C. Kearney, Steven A. Hirsch, San Francisco, and Stacey L. Wexler, for Defendant and Respondent.

JOHNSON, J.

The underwriter of an initial public offering of a now-defunct corporation brought this action for damages against the corporation's accounting firm, alleging the firm prepared false and misleading financial and audit reports knowing and intending the underwriter would rely on these reports in agreeing to underwrite the offering. The trial court applied a "Bily club"1

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