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BENZON v. MORGAN STANLEY DISTRIBUTORS, INC.

No. 04-5230.

420 F.3d 598 (2005)

Edward B. BENZON, et al., Plaintiffs-Appellants, v. MORGAN STANLEY DISTRIBUTORS, INC.; Morgan Stanley Investment Advisors, Inc.; Morgan Stanley Investment Management, Inc.; Morgan Stanley Investments, L.P.; Morgan Stanley DW, Inc.; and Morgan Stanley, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 22, 2005.

Attorney(s) appearing for the Case

ARGUED: H. Naill Falls, Jr., Falls & Veach, Nashville, Tennessee, for Appellants. Richard A. Rosen, Paul, Weiss, Rifkind, Wharton & Garrison, New York, New York, for Appellees. ON BRIEF: H. Naill Falls, Jr., Falls & Veach, Nashville, Tennessee, Jonathan D. Rose, Boult, Cummings, Conners & Berry, Nashville, Tennessee, for Appellants. Richard A. Rosen, Paul, Weiss, Rifkind, Wharton & Garrison, New York, New York, for Appellees.

Before: CLAY, Circuit Judge; GRAHAM, District Judge.

OPINION

CLAY, Circuit Judge.

Plaintiffs in this putative class action, all of whom are investors in Class B shares of Morgan Stanley mutual funds, appeal the district court's order of dismissal for failure to state a claim upon which relief can be granted in connection with their federal law claims1 against Defendants, Morgan Stanley Distributors, Inc., Morgan Stanley Investment Advisors...

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