MORSE v. McWHORTER

No. 00-6478.

290 F.3d 795 (2002)

Sidney MORSE, et al., Plaintiffs-Appellants, v. R. Clayton McWHORTER, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 20, 2002.


Attorney(s) appearing for the Case

Kenneth J. Vianale (argued), Milberg, Weiss, Bershad, Hynes & Lerach, Boca Raton, FL, Robert I. Harwood, Samuel K. Rosen (briefed), Wechsler, Harwood, Halebian & Feffer, New York, NY, for Appellants.

Maureen E. Mahoney (argued and briefed), Curtis P. Lu (briefed), Latham & Watkins, Washington, DC, Steven A. Riley (briefed), Bowen, Riley, Warnock & Jacobson (briefed), Nashville, TN, Paul H. Dawes (briefed), Latham & Watkins, Menlo Park, CA, for Appellees.

Before MARTIN, Chief Circuit Judge; COLE, Circuit Judge; SHARP, District Judge.


OPINION

BOYCE F. MARTIN, JR., Chief Circuit Judge.

Plaintiffs, a proposed class of Columbia/HCA Healthcare Corporation1 common stockholders who acquired their stock from April 9, 1994 to September 9, 1997, appeal (1) the district court's order dismissing their claims brought pursuant to Sections 10(b), 14 and 20(a) of the Securities Exchange Act of 1934, and Sections 11 and 12(2) of the Securities Act of 1933; and (2) the district...

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