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ASHLAND INC. v. MORGAN STANLEY & CO., INC.

Docket No. 10-1549-cv.

652 F.3d 333 (2011)

ASHLAND INC., AshThree LLC, Plaintiffs-Appellants, v. MORGAN STANLEY & CO., INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 28, 2011.

Attorney(s) appearing for the Case

Christopher P. Johnson ( Laurin B. Grollman, on the brief), Kasowitz, Benson, Torres & Friedman LLP, New York, NY, for Plaintiffs-Appellants.

John K. Carroll ( Scott D. Musoff, on the brief), Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, for Defendant-Appellee.

Before: WINTER, POOLER, and HALL, Circuit Judges.

WINTER, Circuit Judge:

Ashland Inc. and AshThree LLC (together, "Ashland" or "appellants") appeal from Judge Patterson's dismissal of their first amended complaint ("FAC"), which asserted claims against Morgan Stanley under Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") and New York common law. Appellants contend that Morgan Stanley, in oral and email communications with Ashland's Assistant Treasurer...

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