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GLASER v. ENZO BIOCHEM, INC.

No. 05-1920.

464 F.3d 474 (2006)

Lawrence F. GLASER, individually and on behalf of Kimberly, Erin, Hannah and Benjamin Glaser; Maureen Glaser, individually and on behalf of Kimberly, Erin, Hannah and Benjamin Glaser, Plaintiffs-Appellants, v. ENZO BIOCHEM, INCORPORATED; Heiman Gross; Barry Weiner; Elazar Rabbani; Shahram Rabbani; John Delucca; Dean Engelhardt, Defendants-Appellees, and Richard Keating; Doug Yates; John Doe, 1-50, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 21, 2006.

Attorney(s) appearing for the Case

ARGUED: Michael Jay Rovell, Chicago, Illinois, for Appellants. Robert Richardson Vieth, Cooley & Godward, L.L.P., Reston, Virginia, for Appellees. ON BRIEF: K. Stewart Evans, Jr., William J. Bethune, Pepper Hamilton, L.L.P., Washington, D.C., for Appellee Heiman Gross; Donald H. Chase, Morrison Cohen, L.L.P., New York, New York, for Appellees Enzo Biochem, Incorporated, Barry Weiner, Elazar Rabbani, Shahram Rabbani, John DeLucca, and Dean Engelhardt.

Before WILKINS, Chief Judge, GREGORY, Circuit Judge, and ANDERSON, Chief United States District Judge for the District of South Carolina, sitting by designation.

ANDERSON, Chief District Judge.

The plaintiffs, Lawrence F. Glaser and his family, appeal the dismissal of their claims for common law fraud against Enzo Biochem, Incorporated ("Enzo") and individual defendants Heiman Gross, Barry Weiner, Elazar Rabbani, Shahram Rabbani, John DeLucca, and Dean Engelhardt. After this Court remanded a portion of the case in an earlier appeal, Glaser v. Enzo, 126 Fed.Appx. 593, 2005 WL 647745 (4th Cir. March 21, 2005), the district...

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