PLUMBERS' UNION LOCAL NO. 12 PENSION FUND, Individually and on behalf of all others similarly situated; Plumbers' & Pipefitters' Welfare Educational Fund; NECA-IBEW Health & Welfare Fund, Plaintiffs, Appellants,
v.
NOMURA ASSET ACCEPTANCE CORPORATION; John P. Graham; Nathan Gorin; John McCarthy; David Findlay; Alternative Loan Trust 2006-AF1; Alternative Loan Trust 2006-AF2; Alternative Loan Trust 2006-AP1; Alternative Loan Trust AR2; Alternative Loan Trust AR3; Alternative Loan Trust 2006-AR4; Alternative Loan Trust 2006-WF1; Nomura Securities International, Inc.; Greenwich Capital Markets, Inc.; UBS Securities, LLC; Citigroup Global Markets, Inc.; Merrill Lynch, Pierce, Fenner & Smith, Inc.; Goldman, Sachs & Co.; Alternative Loan Trust 2006-AR1, Defendants, Appellees.
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Stephen D. Poss with whom Sarah Heaton Concannon and Goodwin Procter LLP, were on brief for the issuer defendants, appellees Nomura Asset Acceptance Corporation, John P. Graham , Nathan Gorin , John McCarthy , David Findlay , Alternative Loan Trust 2006-AF1, Alternative Loan Trust 2006-AF2, Alternative Loan Trust 2006-AP1, Alternative Loan Trust 2006-AR1, Alternative Loan Trust 2006-AR2, Alternative Loan Trust 2006-AR3, Alternative Loan Trust 2006-AR4, Alternative Loan Trust 2006-WF1.
William H. Pane with whom Mark C. Fleming , Timothy J. Perla and Wilmer Cutler Pickering Hale and Dorr LLP were on brief for the underwriter defendants, appellees Nomura Securities International, Inc., Greenwich Capital Markets, Inc., UBS Securities LLC, Citigroup Global Markets Inc., Merrill Lynch , Pierce, Fenner & Smith Inc., and Goldman, Sachs & Co.
Before BOUDIN and HOWARD, Circuit Judges, and BARBADORO, District Judge.
United States Court of Appeals, First Circuit.
BOUDIN, Circuit Judge.
Three union pension and welfare funds1 appeal from a district court order dismissing at the complaint stage their putative class action against eight trusts, the "depositor" that organized them, the trusts' underwriters and five officers of the depositor. The lawsuit sought redress for losses suffered when plaintiffs acquired trust certificates representing mortgage-backed...
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