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HOLMES v. GRUBMAN

Docket No. 06-5246-cv.

568 F.3d 329 (2009)

William K. HOLMES, Holmes Capital, LLC, Brew Dog, LLC, Bimini Star, LLC, and EBH Investments Co., LLC, Plaintiffs-Appellants, v. Jack GRUBMAN and Citigroup Global Markets, Inc. f/k/ a Smith Barney Co., Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 3, 2009.

Attorney(s) appearing for the Case

Rosemary S. Armstrong (Joseph J. Burton, on the brief), Burton & Armstrong, LLP, Atlanta, GA, for Plaintiffs-Appellants William K. Holmes, Holmes Capital, LLC, Brew Dog, LLC, Bimini Star, LLC, and EBH Investments Co., LLC.

Walter Rieman (Brad S. Karp, Eric S. Goldstein, Susanna Buergel, on the brief), Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, for Defendants-Appellees Jack Grubman and Citigroup Global Markets, Inc. f/k/a Smith Barney Co., Inc.

Before: CABRANES and WALKER, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

This case, which was filed in U.S. District Court for the Middle District of Georgia but consolidated with the WorldCom Securities Litigation in the U.S. District Court for the Southern District of New York (Denise Cote, Judge), presents several issues, four of which encompass questions of Georgia law. Plaintiffs-appellants, William K. Holmes and four entities under his control (collectively, "Holmes" or "plaintiffs"),...

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