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IN RE MERCURY INTERACTIVE CORP. SECURITIES

No. 08-17372.

618 F.3d 988 (2010)

In re MERCURY INTERACTIVE CORP. SECURITIES LITIGATION, Archdiocese of Milwaukee Supporting Fund, Inc.; Dennis S. Johnson; Karel Munao; Chandra Singhal; Charter Township of Clinton Police and Fire Pension System; City of Dearborn Heights Police and Fire Retirement System; City of Sterling Heights General Employees Retirement System; Longshoreman's Association Pension Fund; Steamship Trade Association International; Mercury Pension Fund Group, Plaintiffs-Appellees, New York State Teachers' Retirement System, Appellant, Connecticut Retirement Plans & Trusts; Bloomberg News; San Francisco Chronicle; The Recorder, Intervenors-Appellees, v. Mercury Interactive Corporation; Amnon Landan; Douglas P. Smith; Anthony Zingale; Susan J. Skaer; Brad Boston; Igal Kohavi; Clyde Oslter; Giora Yaron; Yair Shamir; Yuval Scarlat; Sharlene Abrams; Pricewaterhousecoopers Inc., Defendants-Appellees, v. The Mercury Pension Fund Group, Third-party-plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 18, 2010.

Attorney(s) appearing for the Case

Ryan A. Stippich , Reinhart Boerner Van Deuren , Milwaukee, WI, for objector-appellant New York State Teachers Retirement System.

Louis Gottlieb , Labaton Sucharow , New York, NY, for plaintiff-appellee Mercury Pension Fund Group.

Robert A. Long, Jr. , Covington & Burling, Washington, DC, for amicus curiae Council of Institutional Investors.

Opinion by Judge TASHIMA; Dissent by Judge BYBEE.

OPINION

TASHIMA, Circuit Judge:

This is a securities class action against Mercury Interactive Corp. ("Mercury"), some of its former officers and directors, and its auditor. The action was settled early on, a settlement class was certified, the settlement was approved, and attorneys' fees were awarded per the settlement agreement. The New York State Teachers' Retirement System ("Teachers") appeals from the district...

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