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SEINFELD v. BARTZ

No. 02-15498.

322 F.3d 693 (2003)

Greg SEINFELD, Plaintiff-Appellant, v. Carol BARTZ; John T. Chambers; Mary Cirillo; James F. Gibbons; Edward Kozel; James C. Morgan, Jaohn P. Morgridge; Donald Valentine; Steven M. West; Cisco Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2003.

Attorney(s) appearing for the Case

A. Arnold Gershon, New York, NY, for the plaintiff-appellant.

Kevin P. Muck, Clifford Chance Rogers & Wells, San Francisco, CA, for the defendants-appellees.

Before: BRUNETTI and TASHIMA, Circuit Judges, and EZRA, District Judge.

TASHIMA, Circuit Judge:

Plaintiff-Appellant Greg Seinfeld appeals an order of the district court dismissing his action for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Seinfeld, a shareholder of Cisco Systems, Inc., filed a derivative action against Appellees, the company and its board of directors. In his complaint, Seinfeld alleged that Appellees violated § 14(a) of the Securities Exchange Act of 1934 (the "Exchange Act"),...

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