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PINKER v. ROCHE HOLDINGS LTD.

Nos. 00-4318, 01-1562.

292 F.3d 361 (2002)

Harold PINKER, individually and on behalf of all others similarly situated v. ROCHE HOLDINGS LTD. Harold Pinker, Appellant.

United States Court of Appeals, Third Circuit.

Filed: May 30, 2002.

Attorney(s) appearing for the Case

Jeffrey H. Squire, Ira M. Press (Argued), Mark A. Strauss, Lewis S. Sandler, Kirby, McInerney & Squire LLP, New York, NY, Michael M. Rosenbaum, Budd, Larner, Gross & Rosenbaum, Short Hills, NJ, Counsel for Plaintiff-Appellant.

Lawrence J. Portnoy (Argued), Gwenn M. Kalow, Manisha M. Sheth, Davis, Polk & Wardwell, New York, NY, Michael R. Griffinger, Thomas Valen, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, Counsel for Defendant-Appellee.

Before: BECKER, Chief Judge, McKEE and RENDELL, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

American Depositary Receipts ("ADRs") are financial instruments that allow investors in the United States to purchase and sell stock in foreign corporations in a simpler and more secure manner than trading in the underlying security in a foreign market. Harold Pinker, the plaintiff in this putative securities fraud class action, invested in ADRs of the defendant, Roche Holdings Ltd. ("Roche"), a Swiss corporation...

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