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IN RE RHYTHMS SECURITIES LITIGATION

Nos. 02-K-35, 02-K-46, 02-K-78, 02-K-137, 02-K-145, 02-K-146, 02-K-152, 02-K-161, 02-K-168, 02-K-304, 02-K-351.

300 F.Supp.2d 1081 (2004)

In re RHYTHMS SECURITIES LITIGATION [This Order applies to all actions]

United States District Court, D. Colorado.

January 29, 2004.

Attorney(s) appearing for the Case

Jeffrey Allen Berens, John Michael Martin, Robert J. Dyer, III, Dyer & Shuman, LLP, Gerald L. Bader, Jr., Bader & Associates, P.C., Denver, CO, Lori G. Feldman, Tamara J. Driscoll, Milberg, Weiss, Bershad, Hynes & Lerach, Seattle, WA, for Plaintiffs.

Brian E. Pastuszenski, Alexis L. Shapiro, Testa, Hurwitz & Thibeault, Boston, MA, Jeffrey A. Chase, Jacobs, Chase, Frick, Kleinkopf Kelley LLC, Denver, CO, for Defendants.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS

KANE, District Judge.

These consolidated securities fraud class actions came before me on Wednesday, January 14, 2004, for oral argument on Defendants' Motion to Dismiss the Consolidated Class Action Complaint. I have reviewed the supplemental filings of the parties on issues related to pleading market efficiency. Having read into the record at Wednesday's hearing my statement of the nature of the action, the relevant...

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