No. 07-2132.

521 F.3d 1278 (2008)

M. Norman ANDERSON; Bernard C. Baier, Baier Family Interests; Harold S. Carpenter, Carpenter Family Interests; Lee S. Chapman, Chapman Family Interests; Clark A. Colby, Colby Family Interests; Milton E. Davey; Keith Denner; Joe Fiedler, Joe Fiedler Family Interests; Virginia R. Fiedler; William R. Fiedler, Virginia and William Fiedler Family Interests; Jerry V. Flatt; Samuel A. Francis, Francis Family Interests; Lou Giardina, Giardina Family Interests; Kenneth L. Haack, Haack Family Interests; Armon Helvig, Helvig Family Interests; Jeff Hodde; Steven M. Lindell, Lindell Family Interests; John Liperote; Margaret Liperote, Liperote Family Interests; Paul F. Lostroh, Mary Ann Michael; Toby Michael; Cliff Phelps; Don Rogers; Deborah A. Roseth; Rick Sheneman; Mathew L.T. Waldor; Don White, Plaintiffs-Appellants, and Edward J. Michael, Plaintiff, v. MERRILL LYNCH PIERCE FENNER & SMITH, INC., a Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 7, 2008.

Attorney(s) appearing for the Case

Clinton W. Marrs, Vogel Campbell & Blueher, P.C., Albuquerque, New Mexico, (Michael W. Wile, Vogel Campbell & Blueher, P.C., Albuquerque, NM; Charles A. Pharris and James L. Rasmussen, Keleher & McLeod, P.A., Albuquerque, New Mexico, with him on the briefs), for Plaintiffs-Appellants.

Charles A. Gall (Joel R. Sharp with him On the brief), Hunton & Williams, LLP, Dallas, Texas, for Defendant-Appellee.

Before HENRY, Chief Circuit Judge, BRISCOE, and HOLMES, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiffs/Appellants ("Plaintiffs") are approximately 120 shareholders of Solv-Ex, a now-defunct New Mexico corporation. They brought this class action lawsuit against Defendant/Appellee Merrill Lynch, Pierce, Fenner, & Smith, Inc. ("Merrill Lynch") in New Mexico state court, alleging fourteen separate counts under New Mexico law. Merrill Lynch removed the case to the United States District Court...


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