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APA EXCELSIOR III L.P. v. PREMIERE TECHNOLOGIES

No. 05-15936.

476 F.3d 1261 (2007)

APA EXCELSIOR III L.P., APA Excelsior III Offshore L.P, et al., Plaintiffs-Appellants, v. PREMIERE TECHNOLOGIES, INC., Boland T. Jones, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 2, 2007.

Attorney(s) appearing for the Case

John L. Taylor, Jr., Chorey, Taylor & Feil, Atlanta, GA, Lee A. Weiss, Milberg, Weiss, Bershad & Schulman, New York City, Arthur R. Miller, Harvard Law School, Cambridge, MA, for Plaintiffs-Appellants.

Ambreen A. Delawalla, Todd R. David, John A. Jordak, Jr., John L. Latham, Jessica Perry Corley, Alston & Bird, LLP, Atlanta, GA, for Defendants-Appellees.

Before ANDERSON and DUBINA, Circuit Judges, and VINSON, District Judge.

VINSON, District Judge:

The lawsuit underlying this appeal was filed in 1998. It arose from a stock-for-stock merger and acquisition between Xpedite Systems, Inc., and Premiere Technologies, Inc. The case is before us for a second time. As will be discussed in Part I infra, the claims and issues have been winnowed over the years and we are now faced with what is tantamount to a single question: Are sophisticated investors involved in an arms-length merger transaction...

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