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SMITH v. FIRST MARBLEHEAD CORP.

Civil Action No. 13-12121-PBS.

55 F.Supp.3d 223 (2014)

Ryan M. SMITH, Atlas Capital Management, L.P., Atlas Capital, L.P., and Atlas Advantage Master Fund, L.P., individually and on behalf of all others similarly situated, Plaintiffs, v. The FIRST MARBLEHEAD CORP., Daniel Meyers, and Kenneth Klipper, Defendants.

United States District Court, D. Massachusetts.

Signed October 28, 2014.

Attorney(s) appearing for the Case

Ellen T. Noteware , Todd S. Collins , Berger & Montague PC, Philadelphia, PA, Leslie R. Stern , Nathaniel L. Orenstein , Berman Devalerio Pease Tabacco Burt & Pucillo, Boston, MA, for Plaintiffs.

William H. Paine , Andrew S. Dulberg , John J. Butts , Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, for Defendants.

MEMORANDUM AND ORDER

I. INTRODUCTION

In this proposed class action, plaintiffs contend that First Marblehead Corporation (FMD) and two of its executives violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 by misrepresenting the...

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