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IN RE FERRO CORP. DERIVATIVE LITIGATION

Nos. 06-3816, 06-3817.

511 F.3d 611 (2008)

In re FERRO CORPORATION DERIVATIVE LITIGATION. Thomas Auletta; Barbara Bencosme; Phillip Miller Trust, Derivatively on Behalf of Nominal Defendant, Plaintiffs-Appellants, Sam Wietschner, Plaintiff, v. Hector R. Ortino, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 7, 2008.

Attorney(s) appearing for the Case

ARGUED: Matthew R. Chasar, Strauss & Troy, Cincinnati, Ohio, for Appellants. Thomas S. Kilbane, Squire, Sanders & Dempsey, Cleveland, Ohio, for Appellees. ON BRIEF: Matthew R. Chasar, Richard S. Wayne, Strauss & Troy, Cincinnati, Ohio, Nadeem Faruqi, Faruqi & Faruqi, New York, New York, Brian J. Robbins, Robbins, Umeda & Fink, San Diego, California, for Appellants. Thomas S. Kilbane, Steven A. Friedman, Joseph C. Weinstein, Squire, Sanders & Dempsey, Cleveland, Ohio, for Appellees.

Before: MARTIN, BATCHELDER, and CLAY, Circuit Judges.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

In this shareholder derivative action, plaintiffs Thomas Auletta, Barbara Bencosme, and Phillip Miller Trust (collectively "Plaintiffs") appeal the district court's dismissal of their complaint for failing to allege, with adequate particularity, that a demand would be futile, and the district court's denial of their Rule 60(b) Motion for Relief from the Judgment. Because the district court neither erred in dismissing...

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