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CILP ASSOCIATES, L.P. v. PRICEWATERHOUSE COOPERS LLP

Nos. 11-4904-cv, 11-4905-cv, 11-5104-cv, 11-5106-cv.

735 F.3d 114 (2013)

CILP ASSOCIATES, L.P., Cohen Pooled Assets L.P., Andrew E. Lewin, individually and as Trustee of the Regina Gruss Trust f/b/o Andrew Lewin, Clement Lewin, as Trustee of the Regina Gruss Trust f/b/o Andrew Lewin and in individual capacity and derivatively on behalf of Lipper Convertibles, L.P., Marina Lewin, in individual capacity and derivatively on behalf of Lipper Convertibles, L.P., Plaintiffs-Appellants, v. PRICEWATERHOUSE COOPERS LLP, Defendant-Cross-Defendant-Cross-Claimant-Appellee, Lipper Convertibles, L.P., Lipper Holdings, LLC, Lipper & Company, L.P., Kenneth Lipper, Abraham Biderman, Defendants-Cross-Defendants.

United States Court of Appeals, Second Circuit.

Decided: November 8, 2013.

Attorney(s) appearing for the Case

Daniel W. Krasner ( Eric B. Levine , Gregory M. Nespole , Stephen H. Orel , on the brief), Wolf Haldenstein Adler Freeman & Herz LLP, New York, NY, for Plaintiffs-Appellants.

J. Peter Coll, Jr. ( Steven J. Fink , on the brief), Orrick, Herrington & Sutcliffe LLP, New York, NY, for Defendant-Cross-Defendant-Cross-Claimant-Appellee.

Before: KEARSE and LOHIER, Circuit Judges, and KAPLAN, District Judge.

LOHIER, Circuit Judge:

This appeal arises from the collapse of the hedge fund Lipper Convertibles, L.P. The plaintiffs appeal from the District Court's grant of summary judgment on their federal claims against Lipper Convertibles' auditor, PricewaterhouseCoopers LLP ("PwC"), under Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"), as well as their state law claims of fraud and negligent misrepresentation...

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