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IN RE MUTUAL FUNDS INV. LITIGATION

No. MDL-1586. No. Civ. 04-MD-15863.

384 F.Supp.2d 873 (2005)

In re MUTUAL FUNDS INVESTMENT LITIGATION. (In re Janus SUBTRACK).

United States District Court, D. Maryland.

August 25, 2005.

Attorney(s) appearing for the Case

Matthew L. Mustokoff, Jonathan D. Polkes, Weil, Gotshal and Manges, LLP, for Canadian Imperial Bank of Commerce.

FUND DERIVATIVE OPINION

MOTZ, District Judge.

This opinion addresses the motions to dismiss filed in a derivative action instituted on behalf of Janus Investment Fund ("JIF"), Janus Aspen Series ("JAS"), and Janus Advisor Series ("JAD")1 against various Janus entities, officers, and fund trustees and numerous third-party broker/dealers and traders. The nature and structure of these MDL proceedings are described in the companion...

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