STARR v. GEORGESON SHAREHOLDER, INC.

No. 02 Civ. 8921(LLS).

287 F.Supp.2d 410 (2003)

Allan H. STARR, as Executor of the Estate of Elizabeth (Betty) Sampson, individually and on behalf of all others similarly situated, Plaintiff, v. GEORGESON SHAREHOLDER, INC., Georgeson Shareholder Communications, Inc., Georgeson Shareholder Securities Corp., and Vodafone Group, PLC, Defendants.

United States District Court, S.D. New York.

October 14, 2003.


Attorney(s) appearing for the Case

Cohen, Milstein, Hausfeld & Toll (Linda P. Nussbaum, of Counsel), New York City, Cohen, Milstein, Hausfeld & Toll (Andrew N. Friedman, Elizabeth S. Finberg, Christopher Branch, of Counsel), Washington, DC, Berger & Montague (H. Laddie Montague, Peter Kahana, Jennifer MacNaughton-Wong, of Counsel), Philadelphia, PA, for Plaintiff.

Thelen Reid & Priest (Eli R. Mattioli, Robert J. Saville, of Counsel), New York City, for Georgeson Defendants.

Sullivan & Cromwell (Stephanie G. Wheeler, Theodore Edelman, Carmelyn P. Malalis, of Counsel), New York City, for Defendant Vodafone.


OPINION AND ORDER

STANTON, District Judge.

Defendants move pursuant to Fed. R.Civ.P. 12(b)(6) and 9(b) to dismiss the complaint, which asserts violations of section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, as well as state law claims.* For the reasons stated below, the motions are granted.

This class action is brought on behalf of all persons who exchanged their shares of AirTouch Communications Inc...

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