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MASSEY v. MERRILL LYNCH & CO., INC.

No. 05-3459.

464 F.3d 642 (2006)

James D. MASSEY and Dennis E. Murray, Sr. Plaintiffs-Appellants, v. MERRILL LYNCH & CO., INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 14, 2006.

Attorney(s) appearing for the Case

Henry J. Price (argued), Ronald J. Waicukauski, Price, Waicukauski Riley & Debrota, Indianapolis, IN, for Plaintiffs-Appellants.

Anne N. DePrez, Barnes & Thornburg, Indianapolis, IN, Gregory A. Markel, Cadwalader, Wickersham & Taft, New York, NY, for Defendant-Appellee.

Before EVANS, WILLIAMS, and SYKES, Circuit Judges.

WILLIAMS, Circuit Judge.

Plaintiffs-appellants James Massey and Dennis Murray, former directors of Conseco, Inc., sued appellee Merrill Lynch, claiming that Merrill Lynch committed fraud and breached its fiduciary duty by providing an intentionally misleading opinion to Conseco's Board of Directors (the "Board") pertaining to the financial soundness of Conseco's proposed acquisition of Green Tree Financial Corporation ("Green Tree"). Because the plaintiffs' claims...

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