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EMINENCE CAPITAL, LLC v. ASPEON, INC.

No. 01-56728.

316 F.3d 1048 (2003)

EMINENCE CAPITAL, LLC, Plaintiff-Appellant, and Jay Spechler, Plaintiff, v. ASPEON, INC.; Richard P. Stack, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 21, 2003.

Attorney(s) appearing for the Case

Solomon B. Cera, Gold Bennett Cera & Sidener LLP, San Francisco, CA, for the plaintiff-appellant.

Donald A. Daucher, Paul, Hastings, Janofsky & Walker LLP, Costa Mesa, CA, for the defendants-appellees.

Before REINHARDT, TROTT and SILVERMAN, Circuit Judges.

PER CURIAM Opinion; Concurrence by Judge REINHARDT.

OPINION

PER CURIAM.

Eminence Capital, LLC, lead plaintiff in this class action securities fraud litigation, appeals the district court's dismissal with prejudice under Fed.R.Civ.P. 12(b)(6) of its first amended consolidated complaint for failure to state a claim. Because the district court failed to provide sufficient reasons to overcome the presumption in favor of granting leave to amend, we reverse...

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