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IN RE DIGITAL ISLAND SECURITIES LITIGATION

No. 03-1055.

357 F.3d 322 (2004)

In re: DIGITAL ISLAND SECURITIES LITIGATION William Blair Massey, Lead Plaintiff as representative of a class consisting of all holders of the common stock of Digital Island, INC., Appellant.

United States Court of Appeals, Third Circuit.

February 6, 2004.

Attorney(s) appearing for the Case

Jeffrey G. Smith, Robert Abrams [Argued], Wolf, Haldenstein, Adler, Freeman & Herz, New York, Pamela S. Tikellis, Chimicles & Tikellis, Wilmington, for Appellants.

Jerrold J. Ganzfried [Argued], Mark D. Wegener, Howrey, Simon, Arnold & White, Washington, Philip A. Rovner, Potter, Anderson & Corroon, Wilmington, for Appellees.

Before McKEE, SMITH, and WEIS, Circuit Judges.

OPINION

SMITH, Circuit Judge.

This securities class action lawsuit arises out of the acquisition of Digital Island, Inc. by Cable & Wireless, PLC ("C & W"). Pursuant to a May 14, 2001 Merger Agreement between Digital Island and C & W, Dali Acquisition Corp. ("Dali"), a wholly-owned subsidiary of C & W, made a cash tender offer to shareholders of Digital Island under which it acquired 80 percent of the shares of Digital Island. Dali was thereafter...

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