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CITY OF DEARBORN HEIGHTS v. WATERS CORP.

No. 10-1514.

632 F.3d 751 (2011)

CITY OF DEARBORN HEIGHTS ACT 345 POLICE & FIRE RETIREMENT SYSTEM, Individually and on Behalf of All Others Similarly Situated, Plaintiff, Inter-Local Pension Fund GCC/IBT, Plaintiff, Appellant, v. WATERS CORPORATION, Douglas A. Berthiaume, and John A. Ornell, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 20, 2011.

Attorney(s) appearing for the Case

Susan K. Alexander , with whom David A. Rosenfeld , Samuel H. Rudman , Mark T. Millkey , and Robbins Geller Rudman & Dowd LLP were on brief, for appellant.

Steven W. Hansen , with whom T. Peter R. Pound , Michael C. Moran , and Bingham McCutchen LLP were on brief, for appellees.

Before LYNCH, Chief Judge, HOWARD, Circuit Judge, and DiCLERICO, District Judge.

LYNCH, Chief Judge.

This securities fraud class action raises one type of question under the category of questions about whether plaintiff investors have pled facts supporting a strong inference that defendants acted with scienter under the Private Securities Litigation Reform Act of 1995 (PSLRA), Pub.L. 104-67, 109 Stat. 737.

The dispute here is not about whether the facts alleged support the inference that the defendants knew of certain undisclosed facts...

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