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NEW ENGLAND HEALTH CARE PENSION v. ERNST & YOUNG

No. 01-6523.

336 F.3d 495 (2003)

NEW ENGLAND HEALTH CARE EMPLOYEES PENSION FUND, On Behalf of Itself and All Others Similarly Situated, Plaintiff-Appellant, v. ERNST & YOUNG, LLP, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 9, 2003.

Attorney(s) appearing for the Case

Eric A. Isaacson (argued and briefed), Joesph D. Daley (briefed), Milberg, Weiss, Bershad, Hynes & Lerach, San Diego, CA, for Appellant.

Stanley J. Parzen (argued and briefed), Jeffrey W. Sarles (briefed), Mayer, Brown, Rowe & Maw, Chicago, IL, Frank P. Doheny, Jr., (briefed), R. Kenyon Meyer, Dinsmore & Shohl, Lora S. Morris, (briefed), Muse & Morris, Louisville, KY, for Appellee.

Before: NELSON and COLE, Circuit Judges; ROSEN, District Judge.

OPINION

DAVID A. NELSON, Circuit Judge.

Private lawsuits impliedly authorized under § 10(b) of the 1934 Securities Exchange Act, the Supreme Court held in Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson, 501 U.S. 350, 111 S.Ct. 2773, 115 L.Ed.2d 321 (1991), are subject to the statutory limitations provision established in § 9(e) of the Act. Private...

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