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IN RE BAYER AG SECURITIES LITIGATION

No. 03 Civ.1546 (WHP).

423 F.Supp.2d 105 (2005)

In re: BAYER AG SECURITIES LITIGATION

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

September 14, 2005.

Attorney(s) appearing for the Case

Melvyn I. Weiss, Michael C. Spencer, Milberg Weiss Bershad & Schulman LLP, New York, NY, for Plaintiffs.

Roger J. Hawke, Andrew W. Stern, Daniel A. McLaughlin, Walter C. Carlson, James W. Ducayet, Sidley Austin Brown & Wood LLP, New York, NY, for Defendants.

MEMORANDUM AND ORDER

PAULEY, District Judge.

This securities fraud class action concerns alleged misrepresentations and omissions about the safety and commercial viability of Baycol, a cholesterol-lowering drug known generically as cerivastatin. Plaintiffs assert claims under Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5, against...

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