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IN RE ADC TELECOMMUNICATIONS, INC. SECURITIES LIT.

No. 04-2537.

409 F.3d 974 (2005)

In re: ADC TELECOMMUNICATIONS, INC. SECURITIES LITIGATION Wanda Kinermon, individually and on behalf of all others similarly situated; Blime Feldheim, Plaintiffs, Willis D. Heim; Thomas Tucker; Thomas C. Koetter, Plaintiffs-Appellants, v. William Cadogan; Robert Switz; ADC Telecommunications, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 6, 2005.

Attorney(s) appearing for the Case

U. Seth Ottensoser, argued, New York, NY (Carolyn Glass Anderson, Minneapolis, MN, and Peter Binkow of Los Angeles, CA, on the brief), for appellant.

Peter W. Carter, argued, Minneapolis, MN (Mitchell W. Granberg and John Rock, on the brief), for appellee.

Before MURPHY, HANSEN, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Willis D. Heim, Thomas Tucker, and Thomas C. Koetter (collectively "Heim") filed a complaint against ADC Telecommunications, Inc., William Cadogan, and Robert Switz (collectively "ADC") under sections 10(b) and 20(a) of the Securities Exchange Act of 1934 for allegedly disseminating materially false and misleading information to the investing public. The district court1 dismissed the complaint, concluding that it...

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