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IN RE XCELERA.COM SECURITIES LITIGATION

No. 05-1221.

430 F.3d 503 (2005)

In re XCELERA.COM SECURITIES LITIGATION. Alex Stuebler; Jim Hicks; Jack Ladue; Glover Powell; Doug Horan, Plaintiffs-Appellees, v. Xcelera.Com; Alexander M. Vik; Gustav M. Vik, Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided December 13, 2005.

Attorney(s) appearing for the Case

Louis R. Cohen, with whom Todd C. Zubler, Jonathan Cedarbaum, Peter J. MacDonald, Robin L. Alperstein, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellants.

Peter A. Pease, with whom Patrick T. Egan, Colleen M. Conners, Berman Devalerio Pease Tabacco Burt & Pucillo, Elaine Kusel, Jeffrey Spinazzola, and Milberg Weiss Bershad & Schulman LLP were on brief, for appellees.

Before TORRUELLA, CYR, and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

We treat this interlocutory appeal from an order certifying a class in a securities fraud case as a companion case to In re PolyMedica Corp. Sec. Litig., ___ F.3d ___ (1st Cir. 2005), also decided this day. Our determination in PolyMedica of the standard of efficiency to be used in the application of the fraud-on-the-market theory informs the analysis in this case. Defendants-Appellants Xcelera Inc.1

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