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MAGUIRE FINANCIAL, LP v. POWERSECURE INTERNATIONAL

No. 16-2163.

876 F.3d 541 (2017)

MAGUIRE FINANCIAL, LP, Movant-Appellant, and Leonard Ash, Individually and on Behalf of All Others Similarly Situated, Plaintiff, and Clay Leslie; Paul E. Moore, Movants, v. POWERSECURE INTERNATIONAL, INC.; Sidney Hinton, Defendants-Appellees, and Christopher T. Hutter, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: November 15, 2017.

Attorney(s) appearing for the Case

ARGUED: Charles J. Piven , BROWER PIVEN, Stevenson, Maryland, for Appellant. Gregory Lewis Watts , WILSON SONSINI GOODRICH & ROSATI, Seattle, Washington, for Appellees. ON BRIEF: Michael A. Ostrander , WILSON & RATLEDGE, PLLC, Raleigh, North Carolina; David A.P. Brower , Richard H. Weiss , BROWER PIVEN, New York, New York, for Appellant. Lee M. Whitman , Tobias S. Hampson , WYRICK ROBBINS YATES & PONTON LLP, Raleigh, North Carolina; Barry M. Kaplan , WILSON SONSINI GOODRICH & ROSATI, Seattle, Washington, for Appellees.

Affirmed by published opinion. Judge Duncan wrote the opinion, in which Judge Wilkinson and Judge Thacker joined.

Plaintiff-Appellant Maguire Financial, LP ("Maguire Financial") appeals the district court's dismissal of its amended complaint in this securities fraud class action. Maguire Financial argues that the district court erred in holding that a statement by the CEO of PowerSecure International, Inc. ("PowerSecure"), to securities...

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