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LOCAL NOS. 175 & 505 PENSION TRUST v. ANCHOR CAP.

No. 04-56791.

498 F.3d 920 (2007)

EMPLOYERS-TEAMSTERS LOCAL NOS. 175 & 505 PENSION TRUST FUND, International Union of Operating Engineers, Local 132 Pension Plan, and West Virginia Laborers' Pension Trust Fund, Pension-Fund Plaintiffs-Appellants, v. ANCHOR CAPITAL ADVISORS, Lead Plaintiff-Appellee, and Watson Pharmaceuticals, Inc., Allen Chao, Joseph C. Papa, Fred Wilkinsen, and Michael E. Boxer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2007.

Attorney(s) appearing for the Case

Joseph D. Daley, Esq., William S. Lerach, Esq., Darren J. Robbins, Esq., Eric Alan Isaacson, Esq., Daniel S. Drosman, Esq., Lerach Coughlin Stoia Geller Rudman & Robbins LLP, for appellant Pension Fund.

Christopher Kim, Esq., Lisa J. Yang, Esq., Lim Ruger and Kim, for lead plaintiff-appellee Anchor Capital Advisors.

Sean M. Handler, Esq., Stuart L. Berman, Esq., Robin Winchester, Esq., Schiffrin & Barroway, LLP, for lead plaintiff-appellee Anchor Capital Advisors.

Seth Aronson, Esq., Robert C. Vanderet, Esq., David I. Hurwitz, Esq., J. Cacilia Kim, Esq., O'Melveny & Myers LLP, for defendants-appellees Watson Pharmaceuticals, Inc., Allen Chao, Joseph C. Papa, Fred Wilkinson, and Michael E. Boxer.

Before: T.G. NELSON and JAY S. BYBEE, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

OPINION

DUFFY, District Judge:

Appellants, non-parties to the action below, bring this appeal from the district court's order granting lead plaintiff's motion to dismiss its claims in an uncertified securities class action. Because Appellants never filed a complaint or formally moved to intervene, they lack standing and we are therefore precluded from reaching the merits of Appellants' argument that they would have been the proper lead plaintiff pursuant...

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