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HARZEWSKI v. GUIDANT CORP.

No. 06-3752.

489 F.3d 799 (2007)

Erica HARZEWSKI, et al., on their own behalf and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. GUIDANT CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 5, 2007.

Attorney(s) appearing for the Case

Mark C. Rifkin (argued), Wolf, Haldenstein, Adler, Freeman & Herz, New York, NY, Kathleen A. Delaney, Delaney & Delaney, Indianapolis, IN, for Plaintiffs-Appellants.

Brian T. Ortelere (argued), Morgan, Lewis & Bockius, Philadelphia, PA, Boris Feldman, Wilson, Sonsini, Goodrich & Rosati, Palo Alto, CA, John R. Schaibley, III, Baker & Daniels, Indianapolis, IN, for Defendants-Appellees.

Elizabeth Hopkins (argued), Department of Labor, Office of the Solicitor, Washington, DC, for Amicus Curiae.

Before BAUER, POSNER, and RIPPLE, Circuit Judges.

POSNER, Circuit Judge.

This is a class action on behalf of participants and beneficiaries in a pension plan for employees of Guidant Corporation. A manufacturer of cardiovascular devices, Guidant was bought last year by Boston Scientific, which paid for each share of Guidant stock $42.28 in cash plus 1.6799 shares (worth $37.78 at the time, as each share was worth $22.49) of stock in Boston Scientific, for a total value of $80.06. The plan's portfolio included stock...

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