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IN RE EXXON MOBIL CORP. SECURITIES LITIGATION

No. 05-4571.

500 F.3d 189 (2007)

In re EXXON MOBIL CORP. SECURITIES LITIGATION. Ohio Public Employees Retirement Fund, State Teachers Retirement Fund of Ohio and Antonio N. Martins, * Appellants. * Pursuant to Rule 12(a), F.R.A.P.

United States Court of Appeals, Third Circuit.

Filed: August 27, 2007.

Attorney(s) appearing for the Case

Daniel B. Allanoff, Esquire, Meredith, Cohen, Greenfogel & Skirnick, Philadelphia, PA, Erin K. Flory, Esquire, Steve W. Berman, Esquire, Hagen, Berman, Sobol & Shapiro, Seattle, WA, John C. Murdock, Esquire (Argued), Murdock, Goldenberg, Schneider & Groh, Cincinnati, OH, for Appellants.

James W. Quinn, Esquire, Joseph S. Allerhand, Esquire, John A. Neuwirth, Esquire, Weil, Gotshal & Manges, New York, NY, Paul F. Carvelli, Esquire, McCusker, Anselmi, Rosen, Carvelli & Walsh, Chatham, NJ, Gregory S. Coleman, Esquire (Argued), Marc S. Tabolsky, Esquire, Yetter & Warden, L.L.P., Austin, TX, for Appellees.

Before: McKEE, AMBRO, and FISHER, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

By most accounts, the merger between Exxon and Mobil has been quite successful. Shareholders in the new ExxonMobil have benefitted from a tremendous increase in stock price since the companies' merger in 1999. But the plaintiffs here, former shareholders of Mobil, want more. They allege that a misrepresentation by Exxon made in the course of the merger negotiations and ensuing votes caused them to receive fewer...

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