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EZRA CHARITABLE TRUST v. TYCO INTERNATIONAL, LTD.

No. 05-2762.

466 F.3d 1 (2006)

EZRA CHARITABLE TRUST, MIRROR MANAGEMENT, LTD., ROBERT BOVIT, Plaintiffs, Appellants, v. TYCO INTERNATIONAL, LTD., EDWARD D. BREEN, DAVID J. FITZPATRICK, PRICEWATERHOUSECOOPERS, LLP., Defendants, Appellees.

United States Court of Appeals, First Circuit.

September 27, 2006.

Attorney(s) appearing for the Case

Kenneth J. Vianale, with whom Vianale & Vianale LLP, Biron L. Bedard and Cook & Molan, P.A. were on brief, for appellants.

Francis P. Barron, with whom Stephen S. Madsen, Cravath, Swaine & Moore LLP, Edward A. Haffer and Sheehan, Phinney, Bass & Green, were on brief for appellees, Tyco International LTD., Edward D. Breen and David J. Fitzpatrick.

Michael P. Carroll, with whom Michael S. Flynn, Davis Polk & Wardwell, Arnold Rosenblatt, Cook, Little, Rosenblatt & Manson, P.L.L.C., Christian M. Hoffman, Lisa C. Wood and Foley Hoag LLP were on brief, for appellee PricewaterhouseCoopers LLP.

Before Selya, Lipez, and Howard, Circuit Judges.

HOWARD, Circuit Judge.

Plaintiffs Ezra Charitable Trust, Mirror Management, Ltd., and Robert Bovit brought this action pursuant to Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b) and 78t(a), against defendants Tyco International, Ltd., Edward R. Breen (Tyco's chief executive office), David J. Fitzpatrick (Tyco's chief financial officer), and PricewaterhouseCoopers, LLP (Tyco's auditor)("PwC"). The district court dismissed...

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