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J & R MARKETING, SEP v. GENERAL MOTORS CORP.

No. 07-1411.

519 F.3d 552 (2008)

J & R MARKETING, SEP, et al., Plaintiffs-Appellants, v. GENERAL MOTORS CORP., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 5, 2008.

Attorney(s) appearing for the Case

ARGUED: Jacob A. Goldberg, Faruqi & Faruqi, Huntington Valley, Pennsylvania, for Appellants. Robert J. Kopecky, Kirkland & Ellis, Chicago, Illinois, for Appellees. ON BRIEF: Jacob A. Goldberg, Faruqi & Faruqi, Huntington Valley, Pennsylvania, Jamie R. Mogil, Faruqi & Faruqi, New York, New York, Stephen F. Wasinger, Royal Oak, Michigan, for Appellants. Robert J. Kopecky, Timothy A. Duffy, Kirkland & Ellis, Chicago, Illinois, Dennis M. Barnes, Barris, Sott, Denn & Driker, Detroit, Michigan, for Appellees.

Before: KENNEDY, MARTIN, and COLE, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

Plaintiffs, purchasers of bonds registered by GMAC in September 2003, brought suit under Sections 11 and 12(a)(2) of the Securities Act of 1933 against GMAC and its control persons, including General Motors, which at the time wholly-owned GMAC. Plaintiffs alleged that GMAC had breached its disclosure obligations as well as made material misstatements in its registration statements and prospectuses for multiple offerings of...

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