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EBS LITIGATION v. BARCLAYS GLOBAL INVESTORS

No. 01-1864.

304 F.3d 302 (2002)

EBS LITIGATION LLC v. BARCLAYS GLOBAL INVESTORS, N.A.; Greenway Partners, L.P.; Greentree Partners, L.P.; Wilshire Associates Incorporated; N.A. Mellon Bank; IBM Retirement Fund Trust; Drew Baebler; Laura Baebler Barclays Global Investors, N.A.; Greenway Partners, L.P.; Greentree Partners, L.P.; Third-Party Plaintiffs v. David B. Cooper; Julian I. Edison; Peter A. Edison; Jane Evans; Michael H. Freund; Karl W. Michner; Alan D. Miller; Andrew E. Newman; Alan A. Sachs; Craig D. Schunck; Martin Sneider; David O. Corriveau; James W. Corley; Walter S. Henrion; Mark H. Levy; Mark B. Vittert; Dave & Busters, Inc. Third-Party Defendants Barclays Global Investors, N.A. Greenway Partners, L.P., and Greentree Partners, L.P., individually and in their capacity as class representatives of all members of the defendant class certified in this action, and third-party plaintiffs, Appellants.

United States Court of Appeals, Third Circuit.

Filed: September 18, 2002.

Attorney(s) appearing for the Case

Edward M. McNally (argued), Michael J. Maimone, James E. Drnec, Morris, James, Hitchens & Williams LLP, Wilmington, for the Appellants.

A. Gilchrist Sparks, III (argued), R. Judson Scaggs, Jr., Megan E. Ward, Morris, Nichol, Arsht & Tunnell, Wilmington, for Edison Director Third-Party Defendants Below, Appellees.

Philip Trainer, Jr., Ashby & Geddes, Wilmington, James P. Reid (argued), Stacy R. Obenhaus, Gardere Wynne Sewell LLP, Dallas, for D & B Defendants Appellees.

Daniel J. DeFranceschi, Richards, Layton & Finger, Wilmington, Richard A. Chesley, Houlihan Lokey Howard & Zukin, Chicago, for EBS Litigation LLC Appellee.

Before SCIRICA and GREENBERG, Circuit Judges, and FULLAM, District Judge.

FULLAM, District Judge.

This is an appeal from the dismissal of a third-party complaint, in an adversary action pending in the District Court for the District of Delaware (the reference to the Bankruptcy Judge having previously been withdrawn). The dismissal of the third-party complaint did not dispose of the entire adversary action, but has been certified as final for purposes of appeal, pursuant to Fed.R.Civ.P. 54(b).

BACKGROUND

As part...

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