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TEAMSTERS LOCAL 445 FREIGHT DIV. v. BOMBARDIER

Docket No. 06-3794-cv.

546 F.3d 196 (2008)

TEAMSTERS LOCAL 445 FREIGHT DIVISION PENSION, FUND on its own Behalf and on behalf of all those Similarly Situated, Plaintiff-Appellant, v. BOMBARDIER INC., Bombardier Capital Inc., Bombardier Capital Mortgage Securitization Corp., Laurent Beaudoin, Brian Peters, Robert Gillespie, Lawrence F. Assell, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 14, 2008.

Attorney(s) appearing for the Case

Joel P. Laitman (Samuel P. Sporn, Christopher Lometti, Kurt Hunciker, Jay P. Saltzman, Frank R. Schirripa, on the brief), Schoengold Sporn Laitman & Lometti, P.C., New York, NY, for Plaintiff-Appellant.

Patrick M. McGuirk (A. Robert Pietrzak, Isaac S. Greaney, on the brief) Sidley Austin LLP, New York, NY, for Defendants-Appellees.

Before B.D. PARKER, and LIVINGSTON, Circuit Judges, and HALL, District Judge.

B.D. PARKER, Jr., Circuit Judge:

Teamsters Local 445 Freight Division Pension Fund ("Teamsters"), lead plaintiffs in a putative securities class action, appeal from an interlocutory order of the United States District Court for the Southern District of New York (Scheindlin, J.). The district court concluded that Teamsters failed to satisfy the predominance requirement of Rule 23(b)(3), Fed. R. Civ. P, and denied its motion for class certification. We agreed...

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