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IN RE MERCK & CO. INC. SECURITIES LITIGATION

No. 04-3298.

432 F.3d 261 (2005)

In re: MERCK & CO., INC. SECURITIES LITIGATION Union Investments Privatfonds GmbH, Lead Plaintiff and the Class, Appellants.

United States Court of Appeals, Third Circuit.

Filed December 15, 2005.

Attorney(s) appearing for the Case

Sanford P. Dumain, (Argued), Milberg Weiss Bershad & Schulman, New York, NY, Daniel L. Berger, Erik J. Sandstedt, Bernstein Litowitz Berger & Grossman LLP, New York, NY, for Appellant.

Daniel J. Kramer, (Argued), Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, Gregory B. Reilly, Deborah A. Silodor, Lowenstein Sandler, Roseland, NJ, for Appellees.

Before ALITO, and AMBRO, Circuit Judges and RESTANI, Chief Judge.

AMBRO, Circuit Judge.

Merck & Co., Inc. planned an initial public offering of its wholly owned subsidiary—Medco Health Solutions, Inc. Before the IPO was to occur, however, information about Medco's aggressive revenue-recognition policy came to light. Some details about the policy were disclosed in Merck's registration statements filed with the Securities and Exchange Commission, but a Wall Street Journal article reading between the lines of this...

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