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AMTOWER v. PHOTON DYNAMICS, INC.

Nos. H030386, H030477.

71 Cal.Rptr.3d 361 (2008)

158 Cal.App.4th 1582

Richard AMTOWER, Plaintiff and Appellant, v. PHOTON DYNAMICS, INC., et al., Defendants and Respondents. Richard Amtower, Plaintiff and Appellant, v. Photon Dynamics, Inc., et al., Defendants and Appellants.

Court of Appeal of California, Sixth District.

As Modified February 15, 2008.

Attorney(s) appearing for the Case

The Elstead Law Firm, John Clifton Elstead, Pleasanton, Esner, Chang & Ellis, Andrew N. Chang, Oakland, Stuart B. Esner, Los Angeles, Gregory R. Ellis, for Plaintiff and Appellant.

Nossaman, Guthner, Knox & Elliott, Patrick J. Richard, San Francisco, for Defendants and Respondents.

PREMO, J.

This action arises out of the merger of defendant Photon Dynamics Inc. (Photon) with CR Technology, Inc. (CRT). Plaintiff Richard Amtower, formerly the president of CRT, alleged, among other things, that certain officers and directors of Photon violated section 11 of the federal Securities Act of 1933 (15 U.S.C. § 77k(a), hereafter section 11), breached their fiduciary duty, and misrepresented and concealed certain facts about the transferability of...

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