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IN RE BANKAMERICA SECURITIES LITIGATION

No. 02-3780.

350 F.3d 747 (2003)

In re: BANKAMERICA CORPORATION SECURITIES LITIGATION Kevin Kloster, Joseph Hempen, Plaintiffs-Appellees, John M. Koehler, David P. Oetting, Plaintiffs-Appellants, Selma Kaiser, Brian Markee, Walter E. Ryan, Jr., Plaintiffs-Appellees, Ernesto Gumapas, Sydney Sorkin, Herman Shyken, Carol Mackay, Executrix of the estate of Joseph I. Sir, Intervenors Below-Appellees, Robert A. Hepworth, Plaintiff-Appellee, v. Hugh L. McColl, Jr., James H. Hance, Jr., David A. Coulter, Michael E. O'Neill, John J. Higgins, Marc D. Oken, Bank of America, Defendants-Appellees, Allison Desmond, Objector, JAS Securities, LLC, Milberg, Weiss, Bershad, Hynes & Lerach, LLP, Wachovia Bank National Association, Movants Below.

United States Court of Appeals, Eighth Circuit.

Filed: December 2, 2003.

Rehearing and Rehearing Denied: January 9, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Mitchell A. Margo, Clayton, MO. Additional attorneys appearing on the brief were Paul E. Martin and Geoffrey C. Hazard, Jr.

Counsel who presented argument on behalf of the appellee NationsBank Classes was Joe D. Jacobson, Clayton, MO. Additional attorneys appearing on the brief were Martin M. Green and Jonathan F. Andres.

Counsel who presented argument on behalf of appellees The BankAmerica classes was Arthur N. Abbey, New York, NY. Additional attorneys appearing on the brief were Stephen T. Rodd and James S. Notis.

Counsel who presented argument on behalf of appellees Bank of America, Marc D. Oken, John J. Higgins, Michael E. O'Neill, David A. Coulter, James H. Hance and Hugh L. McColl was Warren R. Stern, New York, NY. Additional attorneys appearing on the brief were Robert B. Mazur, Andrew J. Cheung, Jonathan M. Moses, Thomas C. Walsh, John Michael Clear and Jeffrey S. Russell.

Before MELLOY, HANSEN, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied: January 9, 2004*.

MELLOY, Circuit Judge.

In this class action under the Private Securities Litigation Reform Act of 1995, 15 U.S.C. § 78u-4 (the "Act"), the district court1 determined that it possessed the authority to approve a global settlement involving all plaintiff classes notwithstanding the fact that some members of a lead plaintiff group for one of...

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