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KATZ v. GERARDI

No. 10-1407.

655 F.3d 1212 (2011)

Jack P. KATZ and Infinity Clark Street Operating, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Ernest A. GERARDI, Jr.; Ruth Ann M. Gillis; Ned S. Holmes; Robert P. Kogod; James H. Polk III; John C. Schweitzer; R. Scot Sellers; Robert H. Smith; Stephen R. Demeritt; Charles Mueller, Jr.; Caroline Brower; Mark Schumacher; Alfred G. Neely; Archstone-Smith Operating Trust; Archstone-Smith Trust; and Tishman Speyer Development Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 25, 2011.

Attorney(s) appearing for the Case

Kenneth A. Wexler, Wexler Wallace LLP, Chicago, IL (Olimpio Lee Squitieri, Squitieri & Fearon LLP, New York, NY, with him on the briefs), for Appellants.

Jonathan D. Polkes, Weil Gotshal & Manges LLP, New York, NY (Ashish D. Gandhi, Weil, Gotshal & Manges LLP, New York, NY, and Frederick J. Bauman and Alex C. Myers, Rothgerber Johnson & Lyons LLP, Denver, CO, with him on the brief), for Appellees.

Before TYMKOVICH, BRORBY, and MATHESON, Circuit Judges.

TYMKOVICH, Circuit Judge.

This case requires us to consider whether a plaintiff can split potential legal claims against a defendant by bringing them in two different lawsuits. We conclude that related claims must be brought in a single cause of action, and the district court properly dismissed the claim-splitting plaintiffs here. We also consider whether an investor who was forced to sell his shares as the result of a merger has standing to sue as a purchaser of...

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