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IN RE BANKAMERICA CORP. SECURITIES LITIGATION

No. 01-1961.

270 F.3d 639 (2001)

In re BANKAMERICA CORP. SECURITIES LITIGATION (MDL No. 1264). Petition of Bank of America Corporation.

United States Court of Appeals, Eighth Circuit.

Filed: October 25, 2001.

Attorney(s) appearing for the Case

Jeffrey S. Russell, Thomas C. Walsh, John Michael Clear, St Louis, MO, Warren R. Stern, Jonathan M. Moses, New York City, for petitioner.

Martin M. Green, Joe D. Jacobson, Jonathan F. Andres, Clayton, MO, Martin D. Chitwood, Atlanta, GA, Jules Brody, Aaron Brody, Vincent R. Cappucci, Andrew J. Entwistle, Daniel W. Krasner, Peter C. Harrar, Robert Abrams, New York City, for respondent.

Before LOKEN, HEANEY, and BYE, Circuit Judges.

LOKEN, Circuit Judge.

On September 30, 1998, BankAmerica and NationsBank merged to form Bank of America Corporation (the "Bank"). Fifteen days later, the Bank disclosed a $372 million charge-off and the likelihood of substantial additional losses arising out of BankAmerica's $1.4 billion loan to hedge fund operator D.E. Shaw, Inc. ("Shaw"). Securities law class action suits were then filed and consolidated in the Eastern District of Missouri, and the district court...

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