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BRICKLAYERS AND TROWEL TRADES v. CREDIT SUISSE LLC

No. 12-1750.

752 F.3d 82 (2014)

BRICKLAYERS AND TROWEL TRADES INTERNATIONAL PENSION FUND, Plaintiff, Appellant, James Uphoff; Goodman Family Trust; Malka Birnbaum, on behalf of herself and all others similarly situated; Neil McCarty; Rodney W. Narbesky, individually and on behalf of all others similarly situated, Plaintiffs, v. CREDIT SUISSE SECURITIES (USA) LLC; Credit Suisse (USA), Inc.; Jamie Kiggen; Frank P. Quattrone; Laura Martin; Elliot Rogers, Defendants, Appellees.

United States Court of Appeals, First Circuit.

May 14, 2014.

Attorney(s) appearing for the Case

Frederic S. Fox , with whom Kaplan Fox & Kilsheimer LLP and Shapiro Haber & Urmy LLP were on brief, for appellant.

Lawrence Portnoy , with whom Daniel J. Schwartz , Jonathan K. Chang , Dharma Betancourt Frederick , Davis Polk & Wardwell LLP, Robert Buhlman , Siobhan E. Mee , Amanda V. Muller , and Bingham McCutchen LLP were on brief, for appellees.

Before HOWARD, Circuit Judge, SOUTER, Associate Justice and TORRESEN, District Judge.

HOWARD, Circuit Judge.

Alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act and of SEC Rule 10b5, the appellant pension fund and other America Online ("AOL") shareholders brought this class action against Credit Suisse First Boston ("CSFB"), former CSFB analysts Jamie Kiggen and Laura Martin, and other related defendants. The shareholders claim that CSFB fraudulently withheld relevant information from the market in its reporting on the AOL...

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