GLAZER CAPITAL MANAGEMENT, LP v. MAGISTRI

No. 06-16899.

549 F.3d 736 (2008)

GLAZER CAPITAL MANAGEMENT, LP; Glazer Offshore Fund Ltd. "The Glazer Funds," Plaintiffs-Appellants, v. Sergio MAGISTRI; Ross Mulholland; InVision Technologies Inc. Securities Litigation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 26, 2008.


Attorney(s) appearing for the Case

Jeffrey S. Abraham, Abraham Fruchter & Twersky LLP, New York, NY, for the plaintiffs-appellants.

Susan S. Muck, Fenwick & West LLP, San Francisco, CA, for the defendants-appellees.

Before: J. CLIFFORD WALLACE and SUSAN P. GRABER, Circuit Judges, and GEORGE P. SCHIAVELLI, District Judge.


WALLACE, Senior Circuit Judge:

Glazer Capital Management, LP and Glazer Offshore Fund Ltd. (Glazer) appeal from the district court's August 31, 2006 judgment of dismissal. Glazer's claims arose after InVision Technologies, Inc. (InVision) announced, in March 2004, that it had entered into a merger agreement with General Electric (GE). Several months later, in July 2004, InVision issued a press release, casting doubt on the merger because of the discovery of potential...

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