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DESAI v. DEUTSCHE BANK SECURITIES LTD.

No. 08-55081.

573 F.3d 931 (2009)

Amish DESAI; Elizabeth Lamb; Therese Long; Christopher Long, Plaintiffs-Appellants, v. DEUTSCHE BANK SECURITIES LIMITED; Deutsche Bank Securities Inc.; Deutsche Bank AG, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2009.

Attorney(s) appearing for the Case

Joseph J. Tabacco, Jr., Berman, DeValerio, Pease, Tabacco Burt & Pucillo, San Francisco, CA, argued the cause for the appellants and was on the briefs. Nicole Lavallee, Berman, DeValerio, Pease, Tabacco, Burt & Pucillo, San Francisco, CA, filed briefs. James C. Magid, Berman, DeValerio, Pease, Tabacco, Burt & Pucillo, San Francisco, CA, and Ira M. Press, Kirby, McInerney LLP, New York, NY, were also on the briefs.

James H.R. Windels, Davis, Polk & Wardwell, New York, NY, argued the cause for the appellees and filed the brief.

Per Curiam Opinion; Concurrence by Judge O'SCANNLAIN; Concurrence by Judge GRABER.

PER CURIAM:

We must decide whether a putative class can be certified in this securities fraud class action.

I

This appeal stages the last act of a long drama that followed the collapse of an elaborate stock manipulation scheme.

A

GenesisIntermedia, Inc. ("GENI") is a Delaware corporation with its registered address in California. Its stock once traded on the NASDAQ, but since late 2001 has traded over the counter but off the NASDAQ...

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