Submitted Under Third Circuit LAR 34.1(a) September 14, 2006.
OPINION OF THE COURT
SLOVITER, Circuit Judge.
I.
Larry Morrison, a shareholder of XM Satellite Radio Holdings, Inc. ("XM"), brought a derivative suit under Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b), to recover alleged short-swing profits realized by corporate insiders Madison Dearborn Capital Partners III, L.P, Madison Dearborn Special...
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