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MIZZARO v. HOME DEPOT, INC.

Nos. 07-13810, 07-13811, 07-13812, 07-13813 and 07-13859.

544 F.3d 1230 (2008)

John MIZZARO, on behalf of himself and all others similarly situated, Bucks County Retirement Board, Lead Plaintiff, Plaintiffs-Appellants, v. HOME DEPOT, INC., Robert L. Nardelli, et al., Defendants-Appellees. M. Brad Bickerstaff, Individually and on behalf of all others similarly situated, Bucks County Retirement Board, Lead Plaintiff, Plaintiffs-Appellants, v. Home Depot, Inc., Robert L. Nardelli, et al., Defendants-Appellees. Bruce B. Belodoff, Individually and on behalf of all others similarly situated, Bucks County Retirement Board, Lead Plaintiff, Plaintiffs-Appellants, v. Home Depot, Inc., Robert L. Nardelli, et al., Defendants-Appellees. Robert D. Jaffee, As trustee of the Robert D. Jaffee Revocable Trust, on behalf of plaintiff and all others similarly situated, Bucks County Retirement Board, Lead Plaintiff, Plaintiffs-Appellants, v. Home Depot, Inc., Robert L. Nardelli, et al., Defendants-Appellees. Paul Coble, On behalf of plaintiff and all others similarly situated, Bucks County Retirement Board, Lead Plaintiff, Plaintiffs-Appellants, v. Home Depot, Inc., Robert L. Nardelli, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 8, 2008.

Attorney(s) appearing for the Case

Michael K. Yarnoff, John A. Kehoe, Benjamin J. Hinerfeld, Christopher L. Nelson, Schiffrin, Barroway, Topaz & Kessler, LLP, Radnor, PA, Robert Ware Killorin, Krissi T. Gore, Atlanta, GA, for Plaintffs-Appellants.

John P. Brumbaugh, David E. Meadows, Michael R. Smith, Benjamin Lee, King & Spalding, Atlanta, GA, for Defendants-Appellees.

Before CARNES and MARCUS, Circuit Judges, and BUCKLEW, District Judge.

MARCUS, Circuit Judge:

To survive a motion to dismiss under the Private Securities Litigation Reform Act of 1995, the factual allegations contained in a private securities fraud class action complaint must raise a "strong inference," one that is "cogent and compelling," that the named defendants acted with the requisite scienter. The question presented in this appeal is whether lead plaintiff Bucks County Retirement Board's ("Bucks County's") Amended Class Action...

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