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ABRAMS v. BAKER HUGHES INC.

No. 01-20514.

292 F.3d 424 (2002)

David ABRAMS, etc.; et al., Plaintiffs, YMCA Retirement Fund; Howard University; Federated National Insurance Company; Headwaters Capital LLC; Frank D. Timmons, Plaintiffs-Appellants, v. BAKER HUGHES INC.; Max L. Lukens; George Stephen Finley; Andrew Szescila, Defendants-Appellees, E.L. Mattson, Appellee.

United States Court of Appeals, Fifth Circuit.

May 21, 2002.

Attorney(s) appearing for the Case

Daniel James Petroski, Jr., Vahldiek, Cano, Grayson, Hovenkamp & Petroski, Houston, TX, Vincent R. Cappucci (argued), Entwistle & Cappucci, New York City, for Plaintiffs-Appellants.

David D. Sterling (argued), Michael Paul Graham, Samuel Woolin Cooper, Katherine Traverse Vukadin, Baker Botts, Houston, TX, for Defendants-Appellees.

Before ALDISERT, DAVIS and PARKER, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

The plaintiffs appeal from a dismissal under F.R.C.P. 12(b)(6) of their securities fraud class action under §§ 10(b) and 20(a) of the Exchange Act. The district court dismissed the case based on its conclusion that the plaintiffs failed to adequately allege particularized facts to establish the necessary element of scienter. Finding no error, we affirm.

I.

This securities fraud class action is brought on...

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