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ROBERSON v. PAINEWEBBER, INC.

No. 97,278.

81 P.3d 688 (2003)

2003 OK CIV APP 100

John R. ROBERSON, David B. Magill, and Andrew O'Dwyer, Plaintiffs/Appellants, v. PAINEWEBBER, INC.; Painewebber Group, Inc.; Lehman Brothers, Inc.; Smith Barney, Inc.; Blythe Eastman Painewebber Servicing, Inc.; Fourth Street Associates; RMM Corporation; AJ Corporation; Greater Southwestern Funding Corporation; PHC Corporation; and Midtown Associates Limited Partnership, Defendants/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 3.

Rehearing Denied August 11, 2003.

Attorney(s) appearing for the Case

C. Michael Barkley, Brad Smith, Elizabeth A. Ballard, Barkely, Titus, Hillis & Reynolds, PLLC, Tulsa, OK, and, Joel H. Bernstein, Esq., David J. Goldsmith, Esq., Goodkind Labaton Rudoff & Sucharow, LLP, New York, NY, and, Laurence L. Pinkerton, Judith A. Finn, Pinkerton & Finn, Tulsa, OK, for Plaintiffs/Appellants.

Andrew R. Turner, P. Scott Hathaway, Conner & Winters, Tulsa, OK, and, John T. Schmidt, Willcox & Savage, Norfolk, VA, for Defendants/Appellees UBS Financial Services, Inc., formerly UBS PaineWebber, Inc.; UBS Americas, Inc.; Greater Southwestern Funding Corporation.

Charles A. Gilman, George Wailand, Cahill, Gordon & Reindel, L.L.P. formerly Cahill, Gordon & Reindel, New York, NY, and, Reuben Davis, Scott R. Rowland, Boone, Smith, Davis, Hurst & Dickman, Tulsa, OK, for Defendants/Appellees UBS Financial Services, Inc., formerly known as UBS Paine-Webber, Inc. and UBS Americas, Inc.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

Opinion by KENNETH L. BUETTNER, Judge.

¶ 1 Plaintiffs sought class certification to pursue their allegations of fraud in the marketing and sale of high-risk corporate bonds against Defendants. The trial court denied the application finding that Plaintiffs "failed to establish that the relevant questions of law or fact common to the members of the class predominate...

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