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GRYL EX REL. SHIRE PHARM. v. SHIRE PHARMACEUTICALS

No. 01-9139.

298 F.3d 136 (2002)

Frank GRYL, for the benefit of SHIRE PHARMACEUTICALS GROUP PLC and Barbara Gryl, for the benefit of Shire Pharmaceuticals Group PLC, Plaintiffs-Appellants, v. SHIRE PHARMACEUTICALS GROUP PLC, Zola Horovitz, Ronald Nordmann and John Spitznagel, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Last Supplemental Briefs Filed: July 12, 2002.

Decided: August 5, 2002.

Attorney(s) appearing for the Case

David Lopez, Southampton, NY, (David Corsi, Carle, Mackie, Power & Ross, LLP, Santa Rosa, CA, of counsel), for Plaintiffs-Appellants.

Ian Rosenberg, Cahill Gordon & Reindel, New York, NY, (Jonathan D. Thier and Catherine Smith, of counsel), for Defendant-Appellee Shire Pharmaceuticals Group PLC.

Thomas A. Arena, Milbank, Tweed, Hadley & McCloy LLP, New York, NY, (Richard E. Rosberger and John A. Boyle, on the brief), for Defendants-Appellees Zola Horovitz, Ronald Nordmann and John Spitznagel.

Giovanni P. Prezioso, Washington, DC, (Eric Summergrad and Allan A. Capute, on the brief), submitted a brief for amicus curiae Securities and Exchange Commission.

Before STRAUB, SOTOMAYOR, Circuit Judges, and GOLDBERG, Judge.

STRAUB, Circuit Judge.

Plaintiffs-Appellants Frank and Barbara Gryl, suing on behalf of Nominal Defendant Shire Pharmaceuticals Group PLC ("Shire"), seek to compel the disgorgement of short-swing profits realized through the acquisition and sale of Shire securities by Defendants-Appellees Zola Horovitz, Ronald Nordmann and John Spitznagel (the "individual defendants"). The plaintiffs are shareholders of Shire and the individual defendants serve on Shire's board of...

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