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ELAM v. NEIDORFF

No. 07-2833.

544 F.3d 921 (2008)

Larry ELAM, individually and on behalf of all others similarly situated, Appellant, v. Michael NEIDORFF; J. Per Brodin; Centene Corporation; Karey D. Witty, Appellees. William L. Smith, Movant. Wayne Stolte, Movant-Appellant. Layton Jackson, individually and on behalf of all others similarly situated, Plaintiff v. Centene Corporation; J. Per Brodin; Michael Neidorff, Defendants-Appellees. William L. Smith, Movant. Wayne Stolte, Movant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 16, 2008.

Attorney(s) appearing for the Case

Jill S. Abrams, argued, New York, NY (Nancy Kaboolian, Orin Kurtz, Grace E. Parasmo, Laurence D. Paskowitz and Roy L. Jacobs, New York, NY, and Joe D. Jacobson and Jonathan F. Andres, Clayton, MO, on the brief), for appellant.

Walter C. Carlson, argued, Chicago, IL (Hille R. Sheppard, Jason M. Bohm, Chicago, IL, and Thomas B. Weaver, Edwin L. Noel, and Glenn E. Davis, St. Louis, MO, on the brief), for appellees.

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

This appeal arises out of a securities fraud class action against Centene Corporation; Michael Neidorff, Centene's Chairman and Chief Executive Officer; Karey L. Witty, Centene's Senior Vice President and Chief Executive Health Plan Business; and J. Per Brodin, Centene's Senior Vice President and Chief Financial Officer (collectively "defendants"). Plaintiffs allege violations of sections 10(b) and 20(a) of the Securities Exchange Act of 1934...

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