United States Eighth Circuit

In a securities action, district court's grant of defendant's motion to dismiss is affirmed where: 1) district court did not err in denying motion to remand a removed case to state court and in holding that plaintiff's complaint presented substantial federal questions; 2) district court did not err in concluding plaintiff's state law claims challenged rules of the SEC's Stock Borrowing Program and were pre-empted; and 3) complaint was properly dismmissed with prejudice after concluding amendment of the complaint would be futile.

Appellate Information

• Decided 03/09/2009
• Published 03/09/2009

Judges

• MURPHY, Circuit Judge., Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH , District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Scott K. Attaway, argued, Washington, DC (David Charles Frederick, Washington, DC, James W. Christian, Sean F. Greenwood, Scott R. Link, Houston, TX, John R. Knight, Memphis, TN, on the brief), for Appellant., Rex A. Staples, Stephen W. Hall and Lesley M. Walker, Washington, DC, on the brief, for Amicus.


• For Appellees:
  
• Gregg M. Mashberg, argued, New York, N.Y. (Peter G. Kumpe, Little Rock, AR, Karen D. Coombs, Charles S. Sims, New York, NY, on the brief), for Appellee.