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LATTANZIO v. DELOITTE & TOUCHE LLP

Docket No. 05-5805-cv.

476 F.3d 147 (2007)

John LATTANZIO, Herbert Black, Peter C. Kornman, Mary Cheasty Kornman, Harold G. Gove, Harold Levinson, on behalf of themselves and all others similarly situated, R.M.F. Global, Inc., on behalf of itself and all others similarly situated, Consolidated-Plaintiffs-Appellants, v. DELOITTE & TOUCHE LLP, Defendant-Appellee, Warnaco Group Inc., Linda Wachner, William S. Finkelstein, Stanley P. Silverstein, Defendants.

United States Court of Appeals, Second Circuit.

Decided: January 31, 2007.

Attorney(s) appearing for the Case

Frederick W. Gerkens, III, Lovell Stewart Halebian LLP, New York, N.Y. (Christopher Lovell, on the brief), for Plaintiffs-Appellants.

Daniel F. Kolb, Davis Polk & Wardwell, New York, N.Y. (Amelia T.R. Starr, on the brief), for Defendant-Appellee.

Before JACOBS, Chief Judge, WALKER, Circuit Judge, O'CONNOR, Associate Justice Retired.

JACOBS, Chief Judge.

Plaintiffs, representing a putative class of persons that purchased the stock of Warnaco Group, Inc. ("Warnaco"), appeal from the judgment of the United States District Court for the Southern District of New York (Cedarbaum, J.) dismissing their securities fraud claim against Warnaco's outside accountant, Deloitte & Touche LLP ("Deloitte"), under Fed. R.Civ.P. 12(b)(6). (Defendant Warnaco has settled.) Plaintiffs allege that Deloitte made...

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