United States Ninth Circuit

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Glazer Capital Mgmt., LP v. Magistri, 06-16899

Dismissal of a class action complaint alleging false statements contained in a merger agreement with a third party company is affirmed where the plaintiff has not pled facts that would either directly or indirectly give rise to a strong inference of scienter on the part of those officers responsible for making the false statements contained in the merger agreement.

Appellate Information

  • Argued 06/13/2008
  • Submitted 06/13/2008
  • Decided 11/26/2008
  • Published 11/26/2008

Judges

  • WALLACE, Senior Circuit Judge:, Before:  J. CLIFFORD WALLACE and SUSAN P. GRABER, Circuit Judges, and GEORGE P. SCHIAVELLI, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Jeffrey S. Abraham, Abraham Fruchter & Twersky LLP, New York, NY, for the plaintiffs-appellants.

  • For Appellees:
  • Susan S. Muck, Fenwick & West LLP, San Francisco, CA, for the defendants-appellees.

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