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IN RE BIOPURE CORP. DERIVATIVE LITIGATION

No. CIV.A.04-10177 NG.

424 F.Supp.2d 305 (2006)

In re: BIOPURE CORPORATION DERIVATIVE LITIGATION.

United States District Court, D. Massachusetts.

March 28, 2006.

Attorney(s) appearing for the Case

Mary T. Sullivan, Segal, Roitman & Coleman, Boston, MA, Jeffrey P. Fink, Robbins Umeda & Fink, LLP, San Diego, CA, Douglas S. Johnston, Jr., George E. Barrett, Timothy L. Miles, Barrett, Johnston & Parsley, Nashville, TN, for Plaintiff.

Robert A. Buhlman, Bingham McCutchen LLP, Boston, MA, Michael D. Blanchard, Bingham McCutchen LLP, Hartford, CT, for Defendants.

ORDER

GERTNER, District Judge.

I. INTRODUCTION

This shareholder derivative class action alleges that defendant Biopure and seven officers and/or directors breached their fiduciary duties and otherwise mismanaged the company by concealing negative information about the development and prospects for Food and Drug Administration ("FDA") approval of Hemopure, the company's principal product.1

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