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UNITED FOOD & COMMERCIAL v. CHESAPEAKE ENERGY

No. 13-6165.

774 F.3d 1229 (2014)

UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 880 PENSION FUND, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. CHESAPEAKE ENERGY CORPORATION; Aubrey K. McClendon; Marcus Rowland; Michael A. Johnson; Richard K. Davidson; Frank A. Keating; Breene M. Kerr; Charles T. Maxwell; Donald L. Nickles; Frederick B. Whittermore; Merrill A. Miller, Jr., Defendants-Appellees, and UBS Investment Bank; ABN AMRO; Banc of America Securities LLC; Wells Fargo Securities, Defendants.

United States Court of Appeals, Tenth Circuit.

As Amended nunc pro tunc on Denial of Rehearing and Rehearing En Banc November 12, 2014.

Attorney(s) appearing for the Case

Steven F. Hubachek (Eric Alan Isaacson and James I. Jaconette, with him on the briefs), Robbins Geller Rudman & Dowd LLP, San Diego, CA, for Plaintiff-Appellant.

Robert P. Varian (Kenneth Herzinger, M. Todd Scott, Christin J. Hill, and Alexander K. Talarides, with him on the brief), Orrick, Herrington & Sutcliffe LLP, San Francisco, CA, for Defendants-Appellees.

Before HARTZ, EBEL, and GORSUCH, Circuit Judges.

In 2008 Chesapeake Energy Corporation was one of the largest producers of natural gas in the United States, with thousands of wells in several states. By early July of that year the price of natural gas had risen to its highest level since the end of 2005 and Chesapeake's stock price had risen about 50% in the prior six months...

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