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FIDEL v. FARLEY

No. 02-6143.

392 F.3d 220 (2004)

Bernard FIDEL; Reich & Tang Asset Management L.P.; Stanley J. Mical; Lutgarda C. Mical; Yitz Grossman/Yitz Grossman Charitable Trust; and Arnold H. Simon, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, Tom Maiden, on behalf of himself and all others similarly situated, et al., Plaintiffs, v. William FARLEY; G. William Newton, Defendants, Ernst & Young L.P., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 16, 2004.

Attorney(s) appearing for the Case

ARGUED: Eric A. Isaacson, Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, San Diego, California, for Appellants. Stanley J. Parzen, Mayer, Brown, Rowe & Maw, Chicago, Illinois, for Appellees. ON BRIEF: Eric A. Isaacson, Joseph D. Daley, Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, San Diego, California, Ronald R. Parry, Parry, Deering, Futscher & Sparks, Covington, Kentucky, for Appellants. Stanley J. Parzen, Bradley J. Andreozzi, Mayer, Brown, Rowe & Maw, Chicago, Illinois, Lora S. Morris, Muse & Morris, Louisville, Kentucky, for Appellees.

Before: SUHRHEINRICH and GIBBONS, Circuit Judges; LAWSON, District Judge.

OPINION

GIBBONS, Circuit Judge.

Plaintiffs-appellants, a class consisting of investors who purchased Fruit of the Loom stock between September 29, 1998, and November 4, 1999 ("Class Period"), filed suit against defendants William Farley, Fruit of the Loom's Chairman, Chief Executive Officer, and Chief Operating Officer; G. William Newton, Fruit of the Loom's Senior Vice President of Finance and Chief Financial...

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