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CAMPBELL v. TRANSGENOMIC, INC.

No. 18-2198.

916 F.3d 1121 (2019)

Jesse CAMPBELL, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. TRANSGENOMIC, INC.; Paul Kinnon; Precipio, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 1, 2019.

Attorney(s) appearing for the Case

Juan E. Monteverde , Miles D. Schreiner , Monteverde & Associates, New York, NY, David W. Rowe , Kinsey & Rowe, Lincoln, NE, for Plaintiff-Appellant.

Deborah S. Birnbach , Tucker D. DeVoe , Emily S. Unger , Goodwin & Procter, Boston, MA, Massie P. Cooper , Troutman & Sanders, Richmond, VA, James J. Frost , McGrath & North, Omaha, NE, for Defendant-Appellee.

Before BENTON, BEAM, and ERICKSON, Circuit Judges.

Following a merger, Transgenomic shareholder Jesse Campbell brought a class action for former Transgenomic shareholders alleging materially misleading statements and omissions in the proxy statement. The district court dismissed, ruling that, as a matter of law, any omissions or misstatements in the proxy statement were not...

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