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ALASKA ELEC. PENSION FUND v. PHARMACIA CORP.

Nos. 07-4500, 07-4564.

554 F.3d 342 (2009)

ALASKA ELECTRICAL PENSION FUND; City of Sarasota Firefighters' Pension Fund; International Union of Operating Engineers Local 132 Pension Plan; New England Health Care Employees Pension Fund; Pace Industry Union-Management Pension Fund; Chemical Valley Pension Fund of West Virginia, as Class Representatives, on behalf of themselves and all other similarly situated v. PHARMACIA CORPORATION; Pfizer, Inc.; Fred Hassan; Dr. G. Steven Geis; Carrie Cox, Alaska Electrical Pension Fund; City of Sarasota Firefighters' Pension Fund; International Union of Operating Engineers Local 132 Pension Plan; New England Health Care Employees Pension Fund; Pace Industry Union-Management Pension Fund; Chemical Valley Pension Fund of West Virginia, Appellants in 07-4500 Pharmacia Corporation; Pfizer, Inc.; Fred Hassan; Dr. G. Steven Geis; Carrie Cox, Appellants in 07-4564.

United States Court of Appeals, Third Circuit.

Opinion Filed: January 30, 2009.

Attorney(s) appearing for the Case

Eric A. Isaacson, Esq. (Argued), Arthur C. Leahy, Esq., Matthew P. Montgomery, Esq., Coughlin, Stoia, Geller, Rudman & Robbins, San Diego, CA, Peter S. Pearlman, Esq., Cohn, Lifland, Pearlman, Herrmann & Knopf, Saddle Brook, NJ, for Appellants/Cross Appellees.

Gregg S. Levin, Esq., Joshua C. Littlejohn, Esq., Joseph F. Rice, Esq., Ann K. Ritter, Esq., Motley Rice, Mount Pleasant, SC, for Appellant/Cross-Appellee Pace Industry Union-Management Pension Fund.

Jonathan M. Hoff, Esq. (Argued), Jason M. Halper, Esq., Joshua R. Weiss, Esq., Cadwalader, Wickersham & Taft, New York, NY, William A. Dreier, Esq., Steven A. Karg, I, Esq., Robert Mahoney, Esq., Norris, McLaughlin & Marcus, Bridgewater, NJ, for Appellees/Cross Appellants.

Before: BARRY, CHAGARES, Circuit Judges, and RESTANI, Judge.

OPINION OF THE COURT

BARRY, Circuit Judge.

In this securities fraud class action, plaintiffs allege that defendants violated §§ 10(b) and 20(a) of the Securities Exchange Act of 1934 by making, with scienter, materially false statements about a clinical study of Celebrex, a popular anti-inflammatory medication. In particular, defendants are alleged to have misled investors by distorting the study's results with the intent to show that Celebrex...

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