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SMALLEN v. THE WESTERN UNION CO.

No. 19-1154.

950 F.3d 1297 (2020)

Lawrence Henry SMALLEN and Laura Anne Smallen Revocable Living Trust, individually and on behalf of all others similarly situated, Plaintiff-Appellant, and UA Local 13 Pension Fund, individually and on behalf of all others similarly situated, Plaintiff, v. THE WESTERN UNION COMPANY; Hikmet Ersek; Scott T. Scheirman; Rajesh K. Agrawal, Defendants-Appellees, and Barry Koch, Defendant.

United States Court of Appeals, Tenth Circuit.

FILED February 25, 2020.

Attorney(s) appearing for the Case

Michael Grunfeld ( Jeremy A. Lieberman , Emma Gilmore , and Jonathan D. Lindenfeld with him on the brief) of Pomerantz LLP, New York, New York, for Plaintiff-Appellant.

Hille R. Sheppard of Sidley Austin LLP, Chicago, Illinois ( David F. Graham of Sidley Austin LLP, Chicago, Illinois; and Holly Stein Sollod and Christina Gomez of Holland & Hart LLP, Denver, Colorado, with her on the brief) for Defendants-Appellees.

Before HARTZ, BALDOCK, and EID, Circuit Judges.

This appeal arises from the district court's dismissal of Plaintiff-Appellant Lawrence Henry Smallen and Laura Anne Smallen Revocable Living Trust's securities-fraud class action against Defendant-Appellee The Western Union Company and several of its current and former executive officers (collectively, "Defendants"). Following...

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