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IN RE ALPHARMA INC. SECURITIES LITIGATION

No. 02-3348.

372 F.3d 137 (2004)

In re: ALPHARMA INC. SECURITIES LITIGATION Maverick Capital, Ltd., Appellant.

United States Court of Appeals, Third Circuit.

June 15, 2004.

Attorney(s) appearing for the Case

Joseph J. DePalma, Lite, Depalma, Greenberg & Rivas, LLC, Newark, Marc I. Willner, (Argued), David Kessler, Bala Cynwyd, for Appellant.

Anthony J. Marchetta, John P. Scordo, Pitney, Hardin, Kipp & Szuch, LLP, Morristown, William H. Pratt, Frank Holozubiec, Wendy E. Long, (Argued), Kirkland & Ellis, New York, for Appellees.

Before ALITO, ROTH, and HALL, Circuit Judges.

OPINION

ROTH, Circuit Judge.

This case involves a proposed class action suit brought by investors who purchased shares of Alpharma, Inc., common stock between April 1999 and October 2000. Specifically, plaintiffs allege that defendants made materially false or misleading statements by reporting and then commenting on inflated revenue, net income, and earnings per share results during the proposed class period. These...

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