United States Second Circuit

Dismissal of complaint alleging securities fraud for failure to state a claim and to plead fraud with particularity, is vacated where the district court considered materials outside the complaint that involved disputed issues of material fact.

Appellate Information

• Decided 09/08/2006
• Published 09/11/2006

Judges

• WINTER, Circuit Judge., Before WINTER, CABRANES, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Norman Solovay, (Debra I. Resnick, Anthony J. Palumbo, on the brief), Hartman & Craven LLP, New York, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Paul T. Shoemaker, Greenfield, Stein & Senior, LLP, New York, NY, for Defendants-Appellees.