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GOLDSTEIN v. MCI WORLDCOM

Nos. 02-60322, 03-60248.

340 F.3d 238 (2003)

Harriet GOLDSTEIN; et al., Plaintiffs, Michael Sabbia; Wayne County Employees Retirement System; David Klein; Simms Family, Plaintiffs-Appellants, v. MCI WORLDCOM; Bernard J. Ebbers; Scott D. Sullivan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Revised August 25, 2003.

Attorney(s) appearing for the Case

Kenneth J. Vianale, Melvyn I. Weiss (argued), Maya S. Saxena, Christopher S. Jones, Milberg, Weiss, Bershad, Hynes & Lerach, Boca Raton, FL, John William Barrett, Richard R. Barrett, Barrett Law Office, Lexington, MS, Robert I. Harwood, Frederick William Gerkens, Wechsler Harwood, New York City, Jesse Martin Harrington, Harrington Law Firm, Ridgeland, MS, for Plaintiffs-Appellants.

Paul C. Curnin, Simpson, Thacher & Bartlett, New York City, for MCI Worldcom.

R. David Kaufman, Martin Patrick McDowell (argued), Brunini, Gratham, Grower & Hewes, Jackson, MS, for Defendants-Appellees.

Robert Engelbrecht Hauberg, Jr. (argued), William Davis Frye, Baker, Donelson, Bearman & Caldwell, Jackson, MS, for Sullivan.

Before KING, Chief Judge, and REAVLEY and STEWART, Circuit Judges.

KING, Chief Judge:

Shareholders of WorldCom Corporation (now known as MCI WorldCom) appeal from the dismissal with prejudice of their consolidated amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and the Private Securities Litigation Reform Act, 15 U.S.C. §§ 78u-4, and from the district court's denial of their Federal Rule of Civil Procedure 60(b) motion for relief from judgment. We agree with the district court that the plaintiffs...

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