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MISSISSIPPI PUB. EMPLOYEES' RET. v. BOSTON SCIENT.

No. 07-1794.

523 F.3d 75 (2008)

MISSISSIPPI PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Plaintiff, Appellant, v. BOSTON SCIENTIFIC CORPORATION; James R. Tobin; Paul A. LaViolette; Fredericus A. Colen; Lawrence C. Best; Stephen F. Moreci; Robert G. MacLean; Peter M. Nicholas; Paul W. Sandman; James H. Taylor, Jr., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 16, 2008.

Attorney(s) appearing for the Case

Carolyn G. Anderson with whom Timothy J. Becker, Anne T. Regan, Zimmerman Reed, P.L.L.P., David S. Nalven, Steve Berman, Hagens Berman Sobol Shapiro, LLP, Richard A. Lockridge, Gregg M. Fishbein, Lockridge Grindal Nauen, P.L.L.P., Mike Moore, and Moore Law Firm were on brief for appellant.

Stuart J. Baskin with whom John Gueli, Kirsten M. Nelson, Shearman & Sterling LLP, William H. Paine, Timothy J. Perla, and Wilmer Cutler Pickering Hale & Dorr LLP were on brief for defendants.

Before TORRUELLA, Circuit Judge, TASHIMA, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

This securities case was brought against Boston Scientific, a publicly traded manufacturer of medical devices based in Natick, Massachusetts. The appeal concerns dismissal of claims based on the company's launch of a new product, the drug-eluting TAXUS coronary stent, and its eventual recalls. Plaintiff, a Mississippi pension fund and purchaser of Boston Scientific stock, alleges that company executives both withheld material information about...

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