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September 13, 2005

CA1: In re Stone & Webster, Inc., Securities Litigation petition for rehearing denied.

In docket No. 03-2429, the court concludes:

Defendants argue that our decision is inconsistent with our prior rulings, principally in Greebel v. FTP Software, Inc., 194 F.3d 185, 207 (1st Cir. 1999). Their contention is mistaken. In Greebel, we affirmed the dismissal of Rule 10b-5 claims against the controlled corporation, and on that basis affirmed the dismissal of the corresponding ยง 20(a) claims against the controlling persons.* * * that is not what happened in the present litigation. There is no inconsistency.

See earlier coverage here.

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