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FRANK v. DANA CORP.

No. 07-4235.

547 F.3d 564 (2008)

Howard FRANK, Individually and On Behalf of All Others Similarly Situated, Plaintiff, Plumbers & Pipefitters National Pension Fund; Seiu Pension Plans Master Trust, and West Virginia Laborers Pension Trust Fund, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. DANA CORPORATION, Defendant, Michael J. Burns and Robert C. Richter, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 19, 2008.

Attorney(s) appearing for the Case

ARGUED: Joseph D. Daley, Coughlin, Stoia, Geller, Rudman & Robbins, San Diego, California, for Appellants. Joel W. Sternman, Katten Muchin Rosenman, New York, New York, for Appellees. ON BRIEF: Joseph D. Daley, Coughlin, Stoia, Geller, Rudman & Robbins, San Diego, California, for Appellants. Joel W. Sternman, Anthony L. Paccione, Katten Muchin Rosenman, New York, New York, for Appellees.

Before: CLAY, GILMAN, and ROGERS, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Plaintiffs-appellants represent a class of investors who purchased securities of Dana Corporation ("Dana") between April 21, 2004 and October 7, 2005 (the "Class Period"). Plaintiffs' class-action complaint alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b) and 78t(a), and Rule 10b-5 promulgated thereunder by the Securities and Exchange Commission, 17 C.F.R. &...

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