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ERB v. ALLIANCE CAPITAL MANAGEMENT, L.P.

No. 04-3426.

423 F.3d 647 (2005)

Barbara ERB and Aladdin Industries, LLC Master Retirement Trust, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. ALLIANCE CAPITAL MANAGEMENT, L.P., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 2005.

Attorney(s) appearing for the Case

Steven A. Katz, John W. Hoffman, Korein Tillery, St. Louis, MO, Thomas R. Grady (argued), Grady & Associates, Naples, FL, for Plaintiffs-Appellees.

Rebecca R. Jackson, Bryan Cave, St. Louis, MO, James F. Moyle (argued), Mark Holland, Clifford Chance US LLP, New York, NY, for Defendant-Appellant.

Before FLAUM, Chief Judge, and BAUER and EVANS, Circuit Judges.

FLAUM, Chief Judge.

Barbara Erb brought a class action in state court against Alliance Capital Management, L.P. ("Alliance"), a mutual fund manager, asserting that Alliance had breached a contract with her and other investors in one of Alliance's funds by buying poorly rated securities. Alliance removed the suit to federal court under the Securities Litigation Uniform Standards Act of 1998, Pub.L. No. 105-353, 112 Stat. 3227 ("SLUSA"). SLUSA preempts certain class...

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