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NEW ENGLAND HEALTH CARE EMP. PENSION v. WOODRUFF

No. 06-1482.

512 F.3d 1283 (2008)

NEW ENGLAND HEALTH CARE EMPLOYEES PENSION FUND, on behalf of itself and all others similarly situated; Clifford Mosher, on behalf of himself and all others similarly situated; Tejinder Singh, on behalf of himself and all others similarly situated; Sotpal Singh, on behalf of himself and all others similarly situated, Plaintiffs-Appellees, v. Robert S. WOODRUFF; Joseph P. Nacchio, Defendants-Appellants, and Qwest Communications International, Inc.; Drake S Tempest; James A. Smith; Arthur Andersen L.L.P.; Craig D. Slater; Philip F. Anschutz, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 16, 2008.

Attorney(s) appearing for the Case

Herbert J. Stern of Stern & Kilcullen, LLC, Roseland, NJ, and David Meister of Clifford Chance, US, LLP, New York, N.Y. (James Miller and David Cook of Clifford Chance, US, LLP, New York, NY; and Jeffrey Speiser and Joel M. Silverstein of Stern & Kilcullen, LLC, Roseland, NJ, with them on the briefs), for Defendants-Appellants.

David R. Boyd of Boies, Schiller & Flexner LLP, Washington, D.C. (Jonathan D. Schiller, Alfred P. Levitt, and Jorge Schmidt P. of Boies, Schiller & Flexner LLP, Washington, D.C.; Terence C. Gill of Sherman & Howard, LLC, Denver, CO; with him on the brief), for Defendant-Appellee Qwest Communications International Inc.

Michael J. Dowd of Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, CA (Keith F. Park, Spencer A. Burkholz, and Thomas E. Egler of Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, CA; Sanford Svetcov and Susan K. Alexander of Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Francisco, CA, with him on the brief), for Plaintiffs-Appellees.

Before KELLY, BALDOCK, and BRISCOE, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Defendants-Appellants Joseph P. Nacchio and Robert S. Woodruff, the former Chief Executive Officer and Chief Financial Officer of Qwest Communications International, Inc. ("Qwest"), respectively, appeal the district court's approval of a class action settlement in a securities fraud case. The settlement was negotiated between the Plaintiff-Appellee class, including lead plaintiffs New England Health Care Employees' Pension Fund, Clifford...

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