SOUTH FERRY LP, NO. 2 v. KILLINGER

No. 06-35511.

542 F.3d 776 (2008)

SOUTH FERRY LP, # 2, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. Kerry K. KILLINGER; Deanna W. Oppenheimer; Washington Mutual, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2008.


Attorney(s) appearing for the Case

Stephen M. Rummage, Davis Wright Tremaine LLP, Seattle, WA, and Jay B. Kasner (argued), and Scott D. Musoff, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, for the appellants.

Melvyn I. Weiss, Lori G. Feldman, and John Rediker, Milberg Weiss & Bershad LLP, New York, NY, and Stuart J. Guber and James Evangelista, Motley Rice LLC, Atlanta, GA, and Clifford A. Cantor, Law Offices of Clifford A. Cantor, P.C., Sammamish, WA, and Professor Arthur R. Miller (argued), New York University School of Law, for the appellee.

Before: RAYMOND C. FISHER, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.


GOULD, Circuit Judge:

Defendants-Appellants Kerry Killinger ("Killinger"), Thomas Casey ("Casey"), Deanna Oppenheimer ("Oppenheimer") and Washington Mutual, Inc. ("WAMU", collectively, "Defendants") appeal the district court's partial denial of their motion to dismiss a securities fraud action brought by Plaintiffs-Appellees South Ferry LP et al. ("South Ferry"), who allege violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. &...

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