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LAMPF v. GILBERTSON

No. 90-333.

501 U.S. 350 (1991)

111 S.Ct. 2773

115 L.Ed.2d 321

LAMPF, PLEVA, LIPKIND, PRUPIS & PETIGROW v. GILBERTSON ET AL.

Supreme Court of United States.

Decided June 20, 1991.

Attorney(s) appearing for the Case

Theodore B. Olson argued the cause for petitioner. With him on the briefs were Theodore J. Boutrous, Jr., S. Joel Wilson, and R. Daniel Lindahl. Stephen M. Shapiro and Mark I. Levy filed a brief for Comdisco, Inc., et al., as respondents under this Court's Rule 12.4, in support of petitioner.

F. Gordon Allen argued the cause for respondents Gilbertson et al. With him on the brief were Barry W. Dod and Gary M. Berne.*

JUSTICE BLACKMUN delivered the opinion of the Court, except as to Part II-A.

In this litigation we must determine which statute of limitations is applicable to a private suit brought pursuant to § 10(b) of the Securities Exchange Act of 1934, 48 Stat. 891, 15 U. S. C. § 78j(b), and to Securities and Exchange Commission Rule 10b-5, 17 CFR §240.10b-5 (1990), promulgated thereunder.

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