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BARON v. SMITH

No. 03-2440.

380 F.3d 49 (2004)

John BARON; Alan Laites; and the Jewish Foundation for Education of Women, Plaintiffs, Appellants, v. Richard A. SMITH; Peter C. Read; Francis E. Sutherby; and G. Gail Edwards, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 18, 2004.

Attorney(s) appearing for the Case

John F. Harnes, with whom Harnes Keller LLP and Joan T. Harnes were on brief, for appellants.

Gus P. Coldebella, with whom Goodwin Procter LLP and Stuart M. Glass were on brief, for appellees Peter C. Read, Francis E. Sutherby, and G. Gail Edwards.

Richard J. Rosensweig, with whom Goulston & Storrs, P.C. and Thomas J. Sartory were on brief, for appellee Richard A. Smith.

Before TORRUELLA, Circuit Judge, GIBSON, Senior Circuit Judge, and LIPEZ, Circuit Judge.

TORRUELLA, Circuit Judge.

Plaintiffs-appellants John Baron, Alan Laites, and the Jewish Foundation for Education of Women ("plaintiffs") appeal the district court's grant of a motion to dismiss their class action complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6) and failure to plead fraud with particularity under Fed.R.Civ.P. 9(b). For the reasons stated below, we affirm.

I. Facts

Plaintiffs filed a class action...

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