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PIRELLI ARMSTRONG TIRE CORP. RETIR. MED. v. RAINES

No. 07-7108.

534 F.3d 779 (2008)

PIRELLI ARMSTRONG TIRE CORPORATION RETIREE MEDICAL BENEFITS TRUST, Derivatively on Behalf of FEDERAL NATIONAL MORTGAGE ASSOCIATION and Wayne County Employees' Retirement System, Derivatively on Behalf of Federal National Mortgage Association, Appellants v. Franklin D. RAINES, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 8, 2008.

Attorney(s) appearing for the Case

Randall J. Baron argued the cause for appellants. With him on the briefs were Eric A. Isaacson and Benny C. Goodman III.

Maureen E. Mahoney argued the cause for appellees. With her on the briefs were Everett C. Johnson, Jr., J. Scott Ballenger, Jeffrey W. Kilduff, Michael J. Walsh, Jr., Barbara Van Gelder, James D. Wareham, James E. Anklam, John J. Clarke, Jr., Earl J. Silbert, James Hamilton, Rhonda D. Orin, Daniel J. Healy, William K. Dodds, Stephanie A. Joyce, Glenn B. Manishin, David E. Barry, William A. Krohley, Christopher C. Palermo, Steven M. Salky, Eric Delinsky, Holly A. Pal, Kevin M. Downey, and Paul Mogin. Barbara A. Miller entered an appearance.

Opinion concurring in the judgment filed by Circuit Judge BROWN.

KAVANAUGH, Circuit Judge:

In 2004, Fannie Mae announced one of the largest corporate earnings restatements in U.S. history. Numerous investigations and official reports followed. The story of Fannie Mae told by these reports is disturbing. It thus comes as no surprise that the Fannie Mae accounting debacle has generated a wave of lawsuits. In this case, certain Fannie Mae shareholders filed a derivative suit on behalf of...

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