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HALEBIAN v. BERV

Docket No. 07-3750-cv.

590 F.3d 195 (2009)

John HALEBIAN, Plaintiff-Appellant, v. Elliot J. BERV, Donald M. Carlton, A. Benton Cocanougher, Mark T. Finn, Stephen Randolph Gross, Diana R. Harrington, Susan B. Kerley, Alan G. Merten, R. Richardson Pettit, Defendants-Appellees, Citifunds Trust III, Nominal Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 29, 2009.

Attorney(s) appearing for the Case

Joel C. Feffer (Daniella Quitt, James G. Flynn, on the brief) Harwood Feffer LLP, New York, NY, for Plaintiff-Appellant.

James S. Dittmar, Goodwin Procter LLP, Boston, MA (Michael K. Isenman, Matthew Hoffman, Goodwin Procter LLP, Washington, DC, on the brief) for Defendants-Appellees.

Before: SACK and PARKER, Circuit Judges, and STANCEU, Judge.

SACK, Circuit Judge:

John Halebian, a shareholder of an investment fund within Citifunds Trust III ("CitiTrust" or the "Trust"), appeals from a judgment of the United States District Court for the Southern District of New York (Naomi Reice Buchwald, Judge). The court dismissed his three-count complaint against members of the Trust's board of trustees, the defendants here, in connection with the sale of an adviser of the Trust and the approval of new investment...

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