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TELLO v. DEAN WITTER REYNOLDS, INC.

No. 03-12545.

410 F.3d 1275 (2005)

Mark TELLO, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. DEAN WITTER REYNOLDS, INC., n.k.a. Morgan Stanley DW, Inc., Paul Grande, Defendants-Appellants, Mark Rodgers, Defendant.

United States Court of Appeals, Eleventh Circuit.

June 1, 2005.

Attorney(s) appearing for the Case

William H. Pratt, Katherine J. Alprin, Eric F. Leon, Kirkland & Ellis, LLP, New York City, Katherine Claire Lake, Fowler, White, Gillen Boggs, et al, Tampa, FL, Stanley T. Padgett, Padgett & Mierzwinski, P.A., Tampa, FL, Luther M. Dorr, Jr., A. Inge Selden, III, Maynard, Cooper, Frierson & Gale, Birmingham, AL, for Defendants-Appellants

Conor R. Crowley, Mich, Shelist, Freed, Denenberg, Ament & Rubenstein, Chicago, IL, Shannon P. Keniry, Finkelstein, Thompson & Loughran, for Defendants-Appellants.

Before EDMONDSON, Chief Judge, and BIRCH and FARRIS, Circuit Judges.

BIRCH, Circuit Judge:

This interlocutory appeal presents the issue of whether the amended statute of limitations in the Public Company Accounting Reform and Investor Protection Act of 2002, known as the Sarbanes-Oxley Act ("SOA"), 28 U.S.C. § 1658(b), revives securities fraud actions that were time-barred before the effective date of the SOA. Determining that the new limitations period revives actions that previously were time-barred, the district judge denied...

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