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NURSING HOME PENSION v. ORACLE CORP.

No. 03-15883.

380 F.3d 1226 (2004)

NURSING HOME PENSION FUND, LOCAL 144; UCFW Local 56 Retail Meat Pension Fund; Drifton Finance Corporation; Robert D. Sawyer; Oleg Alex Trepetin; Thomas Wright; Dzung Chu; Ryan Kuehmichel; Misop Lessard; Ke Wan, Plaintiffs-appellants, v. ORACLE CORPORATION; Lawrence J. Ellison; Jeffrey O. Henley; Edward J. Sanderson, Defendants-appellees, v. State Derivative Actions Judicial Council Coordination Proceeding No. 4180, Plaintiff-intervenor.

United States Court of Appeals, Ninth Circuit.

Filed September 1, 2004.

Attorney(s) appearing for the Case

Sanford Svetcov, Lerach, Coughlin, Stoia, Geller, Rudman & Robbins LLP, San Francisco, CA, for the plaintiffs-appellants.

Donald M. Falk, Mayer, Brown, Rowe & Maw, Palo Alto, CA, for the defendants-appellees.

Before: FERGUSON, REINHARDT, and PAEZ, Circuit Judges.

FERGUSON, Circuit Judge:

A number of purchasers of Oracle Corporation stock (collectively referred to as "Plaintiffs") appeal the District Court's dismissal under Rule 12(b)(6) of their revised second amended complaint ("the Complaint") against Oracle Corporation and three of its top executive officers (collectively referred to as "Oracle" or "Defendants"). Plaintiffs' Complaint alleged that Defendants violated section 10(b) of the Securities Exchange Act of 1934...

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