HEMISPHERX BIOPHARMA, INC. v. JOHANNESBURG CONSOL. INVESTMENTS

No. 05-14380.

553 F.3d 1351 (2008)

HEMISPHERX BIOPHARMA, INC., a Delaware corporation, Plaintiff-Appellant, v. JOHANNESBURG CONSOLIDATED INVESTMENTS, a South African corporation, Anna Francina Venter and Rainotes Bantubonke Nduna, Provisional Trustees of the estate of R.B. Kebble, H.C. Buitendag, Bart Goemaere, John Doe, Defendants-Appellees. Bioclones (Proprietary) Limited, a South African corporation, Cyril Donninger, Defendants.

United States Court of Appeals, Eleventh Circuit.

December 29, 2008.


Attorney(s) appearing for the Case

Thomas K. Equels, Equels Law Firm, Miami, FL, for Plaintiff-Appellant.

Darin A. DiBello, Carlos B. Castillo, Seidman, Prewitt, DiBello & Lopez, P.A., Coral Gables, FL, Stuart M. Riback, Siller Wilk, LLP, New York City, for Defendants-Appellees.

Before TJOFLAT, CARNES and HILL, Circuit Judges.


TJOFLAT, Circuit Judge:

This lawsuit arose out of an alleged hostile takeover attempt of a publicly traded company. Plaintiff-appellant, a Delaware corporation, filed suit against two South African corporations along with several named and unnamed individual defendants under sections 13(d) and 14(e) of the Securities and Exchange Act of 1934 ("Exchange Act") and for common law fraud.1 Some of the defendants-appellees moved to dismiss the...

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