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IN RE MERCK & CO., INC.

Nos. 07-2431, 07-2432.

543 F.3d 150 (2008)

In re MERCK & CO., INC. SECURITIES, DERIVATIVE & "ERISA" LITIGATION (MDL No. 1658) Consolidated Securities Litigation. Richard Reynolds, Steven LeVan, Jerome Haber and The Public Employees' Retirement System of Mississippi, the Court-Appointed Lead Plaintiffs and Plaintiffs Union Asset Management Holding AG, Loren Arnoff, Robert Edwin Burns, Jan Charles Finance S.A., Martin Mason, Frank H. Saccone, Charlotte Savarese, Joe Savarese, Joseph Goldman, Sherrie B. Knuth, Joseph S. Fisher, M.D., Naomi Raphael, Rhoda Kanter, Park East, Inc. and Marc Nathanson, on behalf of themselves and the proposed class of purchasers of Merck securities during the period between May 21, 1999 and October 29, 2004, Appellants.

United States Court of Appeals, Third Circuit.

Filed September 9, 2008.

Attorney(s) appearing for the Case

John P. Coffey (Argued), Bernstein, Litowitz, Berger & Grossman, Bruce D. Bernstein, David A.P. Brower, Brower Piven, Mark Levine, Stull, Stull & Brody, Michael Miarmi, Lee A. Weiss, Richard H. Weiss, New York, NY, Paul B. Brickfield, Brickfield & Donahue, River Edge, NJ, James E. Cecchi, Lindsey H. Taylor, Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, Roseland, NJ, Robert T. Haefele, Motley Rice, Mount Pleasant, SC, for Appellants.

Robert H. Baron, Evan R. Chesler (Argued), Cravath, Swaine & Moore, William H. Gussman, Martin L. Perschetz, Sung-Hee Suh, Schulte, Roth & Zabel, New York, NY, Roberta Koss, William R. Stein, Hughes, Hubbard & Reed, Washington, DC, Lawrence M. Rolnick, Sheila A. Sadighi, Lowenstein Sandler, Roseland, NJ, for Appellees.

Before: SLOVITER, BARRY, and, ROTH Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Appellants, purchasers of Merck & Co., Inc. stock, filed the first of several class action securities fraud complaints on November 6, 2003, alleging that the company and certain of its officers and directors (collectively, "Merck") misrepresented the safety profile and commercial viability of Vioxx, a pain reliever that was withdrawn from the market in September 2004 due to safety concerns. The District Court...

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