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United States Seventh Circuit


Massey v. Merrill Lynch & Co., Inc., 05-3459

Dismissal of action for fraud and breach of fiduciary duty against a financial services company alleging that the company gave an intentionally misleading analysis of a proposed acquisition is affirmed where the plaintiff's claims were derivative in nature and could not be brought by the plaintiffs in their individual capacity.

Appellate Information

  • Argued 04/05/2006
  • Decided 09/14/2006
  • Published 09/14/2006

Judges

  • WILLIAMS, Circuit Judge., Before EVANS, WILLIAMS, and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Henry J. Price (argued), Ronald J. Waicukauski, Price, Waicukauski Riley & Debrota, Indianapolis, IN, for Plaintiffs-Appellants.

  • For Appellees:
  • Anne N. DePrez, Barnes & Thornburg, Indianapolis, IN, Gregory A. Markel, Cadwalader, Wickersham & Taft, New York, NY, for Defendant-Appellee.
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