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FEDER v. ELECTRONIC DATA SYSTEMS CORP.

No. 05-40636.

429 F.3d 125 (2005)

Michael FEDER, et al., Plaintiffs, v. ELECTRONIC DATA SYSTEMS CORPORATION; James E. Daley, Executive Vice President and Chief Financial Officer; Richard H. Brown, Chairman of the Board and Chief Executive Officer, Defendants-Appellants, v. Department of the Treasury of the State of New Jersey, Division of Investment on behalf of Common Pension Fund A., Appellee.

United States Court of Appeals, Fifth Circuit.

October 24, 2005.

Attorney(s) appearing for the Case

Robert H. Klonoff (argued), Jones Day, Washington, DC, Thomas R. Jackson, Patricia J. Villareal, James P. Karen, Jones Day, Dallas, TX, for Defendants-Appellants.

Edward A. Grossmann, Rochelle Feder Hansen, Bernstein Litowitz Berger & Grossmann, New York City, Robert J. Kipnees, Michael B. Himmel, Lowenstein Sandler, Roseland, NJ, Richard P. Keeton (argued), Nickens, Keeton, Lawless, Farrell & Flack, Houston, TX, Alicia M. Duff, Alan Schulman, Robert S. Gans, Bernstein Litowitz Berger & Grossmann, San Diego, CA, for Appellee.

Before GARWOOD, SMITH and DeMOSS, Circuit Judges.

GARWOOD, Circuit Judge:

Appellants-defendants, Electronic Data Systems, Inc. (EDS), James E. Daley, and Richard H. Brown, appeal the certification of a Rule 23(b)(3) plaintiff class in this securities class action. A panel of this court granted defendants' petition for permission to appeal and we have jurisdiction to hear this interlocutory appeal under 28 U.S.C. § 1292(e) and Rule 23(f). Finding no abuse of discretion by the district court, we affirm the class...

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