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IN RE HUTCHINSON TECHNOLOGY, INC. SECURITIES LIT.

No. 07-2622.

536 F.3d 952 (2008)

In re HUTCHINSON TECHNOLOGY, INC. SECURITIES LITIGATION, NECA-IBEW Pension Fund, on behalf of itself and all others similarly situated, Appellant, v. Hutchinson Technology, Inc.; Jeffrey W. Green; Wayne M. Fortun; John A. Ingleman; Richard J. Penn; R. Scott Schaefer; Beatrice A. Graczyk, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed August 5, 2008.

Attorney(s) appearing for the Case

Joseph D. Dailey, argued, Thomas Egler, argued, Trig R. Smith, argued, San Diego, CA, Garrett D. Blanchfield Jr., St. Paul, MN, on the brief, for Appellant.

Wendy J. Wildung, argued, William Frederick Stute Jr., on the brief, Minneapolis, MN, for Appellees.

Before BYE, SMITH, and COLLOTON, Circuit Judges.

SMITH, Circuit Judge.

NECA-IBEW Pension Fund ("NECA"), lead plaintiff, brought a securities-fraud action against Hutchinson Technology Inc. ("Hutchinson") and six of Hutchinson's officers and directors.1 NECA brought this action under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) and under the Securities and Exchange Commission's ("SEC") implementing regulation...

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