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IN RE VERITAS SOFTWARE CORP. SECURITIES LITIGATION

Nos. 05-17393, 06-15435.

496 F.3d 962 (2007)

In re VERITAS SOFTWARE CORPORATION SECURITIES LITIGATION. Richard J. Petrone, on behalf of himself and others similarly situated, United Food and Commercial Workers Union Local 880-Retail Food Employees Joint Pension Fund, Construction Industry and Carpenters Joint Pension Trust for Southern Nevada, Hawaii Electricians Pension Fund, and Hawaii Electricians Annuity Fund, Plaintiffs-Appellees, v. Veritas Software Corporation, Gary L. Bloom, Kenneth E. Lonchar, Paul A. Sallaberry, and Mark Leslie, Defendants, v. Michael Malone, Movant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 25, 2007.

Attorney(s) appearing for the Case

I. Stephen Rabin, Rabin & Peckel LLP, New York, NY, for the movant-appellant.

Patrick J. Coughlin, Sanford Svetcov, Susan K. Alexander, Jeffrey W. Lawrence, and Maria V. Morris, Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Francisco, CA, for the plaintiffs-appellees.

Before: DIARMUID F. O'SCANNLAIN and SANDRA S. IKUTA, Circuit Judges, and LEONARD B. SAND, Senior District Judge.

SAND, Senior District Judge:

This case requires the Court to interpret the notice requirements of the Private Securities Litigation Reform Act of 1995 (PSLRA), 15 U.S.C. § 78u-4 (2000), when a securities class action is to be settled. Appellant, a member of the class of securities holders, appeals from an order of the district court approving a settlement and plan of allocation, arguing that the notice of proposed settlement sent to the class was inadequate under...

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