STRATEGIC DIVERSITY, INC. v. ALCHEMIX CORP.

Nos. 10-15256, 10-16404.

666 F.3d 1197 (2012)

STRATEGIC DIVERSITY, INC., a Massachusetts corporation and Kenneth P. Weiss, an unmarried man, Plaintiffs-Appellants, v. ALCHEMIX CORPORATION, an Arizona corporation; Robert R. Horton, husband; Cheryl Halota Horton, wife; Medici Associates, LLC, a Delaware limited liability company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 20, 2012.


Attorney(s) appearing for the Case

James O. Ehinger , Jennings, Strouss & Salmon, P.L.C., Phoenix, AZ, for the appellants.

Stephen W. Tully , Gordon & Rees LLP, Phoenix, AZ, for the appellees.

Opinion by Judge HUG; Concurrence by Judge RAWLINSON.


ORDER

The Opinion filed December 2, 2011, slip op. 20613, is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. Appellees' petition for panel rehearing is DENIED.

OPINION

HUG, Senior Circuit Judge:

This appeal concerns the maintenance of a suit for rescission under section 10(b) of the Securities and Exchange Act of 1934 by plaintiffs-appellants Kenneth Weiss and his wholly-owned...

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