HERRMANN HOLDINGS LTD. v. LUCENT TECHNOLOGIES INC.

No. 01-11424.

302 F.3d 552 (2002)

HERRMANN HOLDINGS LTD.; Annem Invst. Ltd.; Herrmann Technology Trust, Plaintiffs-Appellants, v. LUCENT TECHNOLOGIES INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 3, 2002.


Attorney(s) appearing for the Case

Geoffrey L. Harrison (argued), Shawn L. Raymond, Barry Craig Barnett, Susman Godfrey, Dallas, TX, for Plaintiff-Appellant.

Kathleen McElroy LaValle, William Michael Byrd, Jr. (argued), Mark Raymond Steiner, John M. Jackson, Jackson Walker, Dallas, TX, for Defendant-Appellee.

Before DAVIS, DeMOSS and STEWART, Circuit Judges.


CARL E. STEWART, Circuit Judge:

Herrmann Holdings, Ltd., AnnEm Investments, Ltd., and Herrmann Technology Trust (collectively, "the Herrmanns") appeal the district court's dismissal, for failure to comply with Federal Rules of Civil Procedure 9(b) and 12(b)(6), of their claims against Lucent Technologies Inc. ("Lucent"). For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND...

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