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IN RE PHILIP SERVICES CORP. SECURITIES LITIGATION

No. 98 Civ. 0835(MBM).

383 F.Supp.2d 463 (2004)

In re PHILIP SERVICES CORP. SECURITIES LITIGATION. This Document Relates To: All Actions.

United States District Court, S.D. New York.

May 24, 2004.

Attorney(s) appearing for the Case

Jeffrey C. Block, Michael T. Matraia, Berman, DeValerio, Pease, Tabacco, Burt & Pucillo, Boston, MA, Co-lead Counsel for Plaintiffs.

Neil L. Selinger, Jeanne F. D'Esposito, Lowey, Dannenberg, Bemporad & Selinger, P.C., White Plains, NY, Co-lead Counsel for Plaintiffs.

Robert H. Bell, John T. Berendt, Marshall R. King, Gibson, Dunn & Crutcher LLP, New York, NY, for Defendant Deloitte & Touche LLP.

Craig Smyser, Smyser, Kaplan & Veselka, LLP, Houston, TX, for Defendant Robert L. Knauss.

Celso M. Gonzalez-Falla, Vinson & Elkins LLP, New York, NY, for Defendant William E. Haynes.

Charles W. Schwartz, Skadden, Arps, Slate, Meagher & Flom LLP, Houston, TX, for Defendant William E. Haynes.

OPINION AND ORDER

MUKASEY, District Judge.

This opinion and order treats two motions to dismiss a consolidated class action. The action arises out of an announcement of losses and restatement of earnings by Philip Services Corporation ("Philip"), a Canadian metal processing company.

Plaintiffs represent an uncertified class of investors who purchased Philip stock or call options during the proposed class period, or former shareholders of companies...

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