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GERBER v. COMPUTER ASSOCIATES INTERN., INC.

Docket No. 00-9557.

303 F.3d 126 (2002)

Joel GERBER, on his own behalf and on behalf of all others similarly situated, Plaintiff-Appellee, v. COMPUTER ASSOCIATES INTERNATIONAL, INC. and LWB Merge, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 4, 2002.

Attorney(s) appearing for the Case

Wayne N. Elliott (James L. Holzman, Paul M. Lukoff, on the brief), Prickett, Jones & Elliott, Wilmington, DE, for Defendants-Appellants Computer Associates International, Inc. and LWB Merge, Inc.

Roger W. Kirby (Joanne M. Cicala, on the brief), Kirby McInerney & Squire, LLP, New York, NY, for Plaintiff-Appellee Joel Gerber.

Before FEINBERG, KEARSE, and B.D. PARKER, Circuit Judges.

B.D. PARKER, JR., Circuit Judge.

This appeal concerns a transaction in which defendant Computer Associates International, Inc. ("CA"), a computer software company, acquired On-Line Software International, Inc. ("On-Line"), another computer software company, by means of a tender offer and follow-up merger. Plaintiff Joel Gerber, an On Line shareholder, commenced a class action in 1991 on behalf of On-Line shareholders who tendered their stock in CA's tender offer....

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