Third Circuit disposition — 014132a1-pdf

014132a1-pdfCourt of Appeals for the Third Circuit16 ott 2002

Testo completo

PRECEDENTIAL
Filed October 16, 2002
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 01-4132
IN RE NAHC, INC. SECURITIES LITIGATION
JACK BRADY, ROGER W. SVEC, JACOB A. SALZMANN,
DAVID FISHER, CHRIS PIETRAFITTA, FRANK J. SIEFERT,
FRANZ SCHLEICHER, BARRY WEISBERG,
BRUCE BARDONE,
Appellants
Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. No. 00-cv-4020)
District Judge: Honorable Lowell A. Reed
Submitted under Third Circuit LAR 34.1(a)
July 18, 2002
Before: McKEE, FUENTES and ALDISERT, Circuit Judges.
ORDER AMENDING SLIP OPINION
It is ordered that the slip opinion in the above filed
October 3, 2002 be and is hereby amended as follows:
Delete on pages 3-4 the following: "Although we have
adopted an inquiry notice standard in the context of a RICO
case, see Mathews v. Kidder, Peabody & Co., Inc., 260 F.3d
239, 251 (3d Cir. 2001), we have not decided the precise
standard in the context of a securities fraud claim."
Substitute in its place: "We have adopted an inquiry
notice standard in the context of a case brought under the
Racketeer Influenced and Corrupt Organizations Act
("RICO"), 18 U.S.C. SS 1961-1968. See Mathews v. Kidder,
Peabody & Co., Inc., 260 F.3d 239, 251 (3d Cir. 2001). We
have not, however, decided the precise standard in the
context of a securities fraud claim."
BY THE COURT:
/s/Ruggero J. Aldisert
Circuit Judge
Dated: October 16, 2002
A True Copy:
Teste:

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Clerk of the United States Court of Appeals
for the Third Circuit
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