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IN RE K-TEL INTERN., INC. SECURITIES LITIGATION

No. 00-3210.

300 F.3d 881 (2002)

In re: K-TEL INTERNATIONAL, INC. SECURITIES LITIGATION Pasquale Migliaccio; Creative Care Corporation; Glen Reudolph; Morton Kahn; David Rea; Henry Werres; Claude Seymour; Igal Mammon; Neil Litton, Dr.; Jerry Booth; Joseph Erlich; Gary Ewin; Tim Murchison; Stanford D. Williams; Rev. R.G. Moore; Murray N. Johnson; Elizabeth Alpert; Arthur Alves; Societe Financiere Privee and Ravi Anand, on behalf of themselves and all others similarly situated, Appellants, v. K-tel International, Inc.; Philip Kives; Lawrence Kives, Appellees, Securities and Exchange Commission, Amicus on Behalf of Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 7, 2002.

Rehearing and Rehearing Denied: October 2, 2002.

Attorney(s) appearing for the Case

John Halebian, argued, New York, NY (Richard A. Lockride, Gregg M. Fishbein and Scott A. Kamber, on the brief), for appellant.

Luis De La Torre, argued, Washington, D.C., for appellants

Jonathan J. Lerner, argued, New York, NY (Lea Haber Kuck, Jacob Hollinger and Karl L. Cambronne, on the brief), for appellee.

Before WOLLMAN, Chief Judge, MURPHY, and RILEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied: October 2, 2002.*

RILEY, Circuit Judge.

The appellants appeal the district court's2 dismissal of their complaint and denial of their motion to amend. The appellants allege the appellees committed securities fraud in violation of section 10(b) of the Securities Exchange Act of 1934 (the Exchange Act), 15 U.S.C. § 78j(b), and related Securities and Exchange...

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