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GREAT PLAINS TRUST v. MORGAN STANLEY DEAN WITTER

No. 01-21121.

313 F.3d 305 (2002)

GREAT PLAINS TRUST COMPANY and Kornitzer Capital Management, Inc., Individually and on Behalf of All Persons Similarly Situated, Plaintiffs-Appellants, v. MORGAN STANLEY DEAN WITTER & CO., David Lumpkins, and Ian Pereira, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 9, 2002.

Attorney(s) appearing for the Case

Christopher S. Shank, Brenda G. Hamilton (argued), Shank & Hamilton, Kansas City, MO, Randall O. Sorrels, Abraham, Watkins, Nichols, Sorrels, Matthews & Friend, Houston, TX, for Plaintiffs-Appellants.

Kenneth M. Kramer, Richard F. Schwed (argued), Sandra Y. Nishikawa, Shearman & Sterling, New York City, for Defendants-Appellees.

Before SMITH and BENAVIDES, Circuit Judges, and FITZWATER, District Judge.

FITZWATER, District Judge:

We are called upon to decide a second time whether Morgan Stanley Dean Witter & Co. ("Morgan Stanley") and its employees can be held liable to third parties for a due diligence investigation that Morgan Stanley performed and for a fairness opinion that it provided as a financial advisor to its client, Allwaste, Inc. ("Allwaste"), concerning Allwaste's proposed merger with Philip Services Corporation ("Philip"). In Collins v. Morgan...

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