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GREENHOUSE v. MCG CAPITAL CORP.

No. 03-2318.

392 F.3d 650 (2004)

Charles GREENHOUSE, individually and on behalf of all others similarly situated; Evelyn Rosen; William B. Mouk, Plaintiffs-Appellants, v. MCG CAPITAL CORPORATION; Bryan Mitchell; Janet C. Perlowski; Steven F. Tunney, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 21, 2004.

Attorney(s) appearing for the Case

ARGUED: Sanford Svetcov, Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, L.L.P., San Francisco, California, for Appellants. Charles Edward Davidow, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Jack Reise, Scott L. Adkins, Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, L.L.P., Boca Raton, Florida; John C. Pasierb, Cohen, Gettings & Caulkins, P.C., Arlington, Virginia; David Kessler, Stephen P. McFate, Schiffrin & Barroway, L.L.P., Bala Cynwyd, Pennsylvania, for Appellants. Paul R. Eckert, Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., Washington, D.C., for Appellees.

Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.

Affirmed by published opinion. Judge Gregory wrote the opinion, in which Judge Wilkinson and Judge Shedd joined.

OPINION

GREGORY, Circuit Judge:

This suit arises from a CEO's lie about finishing college. Specifically, Bryan J. Mitchell ("Mitchell"), the founder and leader of MCG Capital Corporation ("MCG" or "the company") misled his company into believing that he was awarded a college degree when, in truth, he never obtained one. As a result, MCG...

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