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PET QUARTERS v. DEPOSITORY TRUST AND CLEARING

No. 08-2114.

559 F.3d 772 (2009)

PET QUARTERS, INC.; Clyde A. Jester, an individual; Michael Parnell, an individual; Walter D. O'Hearn, Jr., an individual; Demetri Betzios, an individual, Plaintiffs-Appellants, v. DEPOSITORY TRUST AND CLEARING CORPORATION; Depository Trust Company; National Securities Clearing Corporation, Defendants-Appellees, North American Securities Administrators Association, Incorporated, Amicus on Behalf of Appellant, Securities and Exchange Commission, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 9, 2009.

Attorney(s) appearing for the Case

Scott K. Attaway, argued, Washington, DC (David Charles Frederick, Washington, DC, James W. Christian, Sean F. Greenwood, Scott R. Link, Houston, TX, John R. Knight, Memphis, TN, on the brief), for Appellant.

Gregg M. Mashberg, argued, New York, N.Y. (Peter G. Kumpe, Little Rock, AR, Karen D. Coombs, Charles S. Sims, New York, NY, on the brief), for Appellee.

Rex A. Staples, Stephen W. Hall and Lesley M. Walker, Wachington, DC, on the brief, for Amicus.

Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge.

MURPHY, Circuit Judge.

Pet Quarters, Inc., a pet supply business, and several of its shareholders (collectively Pet Quarters) filed this damages action in Arkansas state court against Depository Trust and Clearing Corporation and its subsidiaries, Depository Trust Company (DTC) and National Securities Clearance Corporation (NSCC), self regulated organizations registered pursuant to Section 17A amendments to the Securities Exchange Act of 1934 (Section 17A). 15 U.S...

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