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FENER v. OPERATING ENGINEERS CONST. INDUSTRY

No. 08-10576.

579 F.3d 401 (2009)

Todd FENER, on Behalf of Himself and All Others Similarly Situated, et al., Plaintiffs, Belo Corporation; Robert W. Decherd, Barry Peckham; James M. Moroney, III, Defendants-Appellees, v. OPERATING ENGINEERS CONSTRUCTION INDUSTRY AND MISCELLANEOUS PENSION FUND (LOCAL 66), Appellant.

United States Court of Appeals, Fifth Circuit.

August 12, 2009.

Attorney(s) appearing for the Case

Martin B. McNamara (argued), Sarah Viola Toraason, Lawrence J.C. VanDyke, M. Byron Wilder, Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, for Belo Corp., Decherd and Moroney.

Roger Evans, Mathis & Donheiser, Dallas, TX, for all Defendants-Appellees.

Mark M. Donheiser, Randal Gilbert Mathis, Mathis & Donheiser, Dallas, TX, for Peckham.

Alexandra S. Bernay, Eric Alan Isaacson (argued), Henry Rosen, Julie Anna Wilber, Coughlin, Stoia, Geller, Rudman & Robbins, L.L.P., San Diego, CA, for Appellant.

Before SMITH, GARZA and CLEMENT, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Todd Fener and other plaintiffs filed a class action against Belo Corporation and some of its officers (collectively "Belo") alleging violations under the Securities Exchange Act of 1934. Fener moved for class certification, which the district court denied. He appeals, and we affirm.

I.

Belo is a media company that owns television stations, websites, and newspapers, including the Dallas Morning News ("DMN")....

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