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FAULKNER v. BEER

Docket No. 05-1568-CV.

463 F.3d 130 (2006)

Delois FAULKNER, as Trustee of the DeLois J. Faulkner Trust and as Trustee of the Stanley J. Boydston Trust, Barbara Taylor, Josephine B. Smith, Douglas Lawson, as Trustee of the Douglas M. Lawson Associates, Inc., Profit Sharing Plan and Trust, and Michael Bolger as Trustee of the MD 1998 Irrevocable Trust, Plaintiffs-Appellants, v. Andrew E. BEER, Nustar.com, Inc., Susan Callister Beer, and J. Stephen Anderson, Defendants-Appellees, Kevin Matthews, Jack R. Orben, Harry Connaro, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 8, 2006.

Attorney(s) appearing for the Case

Norman Solovay, (Debra I. Resnick, Anthony J. Palumbo, on the brief), Hartman & Craven LLP, New York, NY, for Plaintiffs-Appellants.

Paul T. Shoemaker, Greenfield, Stein & Senior, LLP, New York, NY, for Defendants-Appellees.

Before WINTER, CABRANES, and SACK, Circuit Judges.

WINTER, Circuit Judge.

This is an appeal from Judge Daniels' dismissal of a complaint alleging securities fraud. Because the court considered materials outside the complaint that involved disputed issues of material fact, we vacate and remand.

BACKGROUND

We view the facts alleged in the complaint in the light most favorable to appellants. See Twombly v. Bell Atl. Corp., 425 F.3d 99, 106 (2d Cir.2005), cert...

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