United States Second Circuit

In action pursuant to Section 10(b) of the Securities and Exchange Act of 1934, plaintiffs have failed to state a claim because they have failed to establish that the alleged fraud occurred in connection with the actual purchase or sale of a security.

Appellate Information

• Argued 12/05/2002
• Decided 03/28/2003
• Published 03/28/2003

Judges

• JOHN M. WALKER, JR., Chief Judge., Before:  WALKER, Chief Judge, OAKES and CARDAMONE, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Steven Mallis,Graubard Miller (C. Daniel Chill, Elaine M. Reich, and Nancy R. Sills, on the brief), New York, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Daniel P. Waxman, Bryan Cave LLP (Mark Jon Sugarman and Erin M. Naftali, on the brief), New York, NY, for Defendant-Appellee.