Opinions of the United 2002 Decisions States Court of Appeals for the Third Circuit

10-16-2002

In Re: Nahc Inc Precedential or Non-Precedential: Precedential

Docket No. 01-4132

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Recommended Citation "In Re: Nahc Inc " (2002). 2002 Decisions. Paper 654. http://digitalcommons.law.villanova.edu/thirdcircuit_2002/654

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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.,

(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.,

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

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