GEBHARDT v. CONAGRA FOODS, INC.

No. 02-3130NE.

335 F.3d 824 (2003)

John GEBHARDT, Individually and on behalf of all others similarly situated; Jemmco Investment Management; and Plumbers & Pipefitters National Pension Fund, Appellants, v. CONAGRA FOODS, INC.; Bruce C. Rohde; James P. O'Donnell; Kenneth W. Difonzo; and Jay D. Bolding, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 30, 2003.

Rehearing and Rehearing Denied: August 27, 2003.


Attorney(s) appearing for the Case

Sanford P. Dumain, argued, New York, NY (Thomas M. White, Omaha, NE, on the brief), for appellants.

Andrew B. Weissman, argued, Washington, DC (Leo A. Knowles, Edward G. Warin and Patrick E. Brookhouser, Jr., Omaha, NE and John A. Valentine of Washington, DC, on the brief), for appellees.

Before BOWMAN, RICHARD S. ARNOLD, and BYE, Circuit Judges.


Rehearing and Rehearing En Banc Denied: August 27, 2003.

RICHARD S. ARNOLD, Circuit Judge.

United Agri Products, a wholly owned subsidiary of ConAgra Foods, Inc., engaged in misleading accounting practices throughout the late 1990s. John Gebhardt, on behalf of a class of investors who bought ConAgra stock between August 28, 1998, and May 23, 2001, filed an action against ConAgra and its management under the Securities Exchange Act of 1934 to recover for the...

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