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FRANK v. DANA CORP.

No. 09-4233.

646 F.3d 954 (2011)

Howard FRANK, Individually and on behalf of all others similarly situated, Plaintiffs, Plumbers & Pipefitters National Pension Fund; Seiu Pension Plans Master Trust; West Virginia Laborers Pension Trust Fund, Plaintiffs-Appellants, v. DANA CORPORATION, Defendant, Michael J. Burns; Robert C. Richter, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 25, 2011.

Rehearing and Rehearing En Banc Denied July 1, 2011.

Attorney(s) appearing for the Case

ARGUED: Joseph D. Daley, Robbins, Geller, Rudman & Dowd, San Diego, California, for Appellants. Joel W. Sternman, Katten Muchin Rosenman, LLP, New York, New York, for Appellees. ON BRIEF: Joseph David Daley, Robbins, Geller, Rudman & Dowd, San Diego, California, for Appellants. Joel W. Sternman, Katten Muchin Rosenman, New York, New York, for Appellees.

Before: MARTIN and STRANCH, Circuit Judges; THAPAR, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This is a class-action securities fraud case reaching this Court for the second time. Initially, Plaintiffs filed a consolidated complaint alleging that Michael Burns and Robert Richter, chief executive officer and chief financial officer respectively of Dana Corporation, violated sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b), 78t(a), and Rule 10b-5, 17 C.F.R. ...

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