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ADAMS v. KINDER-MORGAN, INC.

No. 02-1208.

340 F.3d 1083 (2003)

James E. ADAMS; Stanley R. Lamb; Anthony Vartuli, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. KINDER-MORGAN, INC., formerly known as KN Energy Inc.; Larry D. Hall; Clyde E. McKenzie, II; Richard Kinder, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

As Amended on Denial of Rehearing August 29, 2003.

Attorney(s) appearing for the Case

Michael G. Lange, Berman, DeValerio, Pease, Tabacco, Burt & Pucillo, Boston, MA (Michael T. Matraia, Berman, DeValerio, Pease, Tabacco, Burt & Pucillo, Boston, MA, Gary C. Davenport and Eric Beltzer, McGloin, Davenport, Severson & Snow, P.A., Denver, CO;, and Curtis V. Trinko, Law Offices of Curtis V. Trinko, LLP, New York, NY, with him on the briefs) for Plaintiffs-Appellants.

Michael A. Noone, The Beatty Law Firm, P.C., Denver, CO (Michael L. Beatty and John E. Matter with him on the brief), for Defendant-Appellee Kinder-Morgan, Inc.

Susan Bernhardt, Netzorg, McKeever, Koclanes & Bernhardt, LLC, Denver, CO, for Defendants-Appellees Larry D. Hall and Clyde E. McKenzie.

Gayle Boone, Bracewell & Patterson, LLP, Dallas, Texas (J. Clifford Gunter III, Bracewell & Patterson, LLP, Houston, Texas, on the brief), for Defendant-Appellee Richard Kinder.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and ARMIJO, District Judge.

EBEL, Circuit Judge.

The plaintiffs brought this lawsuit as a class action alleging securities fraud under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 ("the Act"), 15 U.S.C. §§ 78j(b), 78t(a), and Rule 10b-5, 17 C.F.R. § 240.10b-5, on behalf of all people who purchased the common stock of KN Energy, Inc. ("Kinder-Morgan" or "the Company")1 from October 30, 1997 to June 21, 1999 (the "class period"). The...

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