Freedman v. Everest and Jennings Intern. Ltd.

65 F.3d 174 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Glenn FREEDMAN, Plaintiff-Appellant, v. EVEREST AND JENNINGS INTERNATIONAL Ltd.; Estate of Gerald M. Jennings; Whitney A. McFarlin; Raymond V. Thomas; Dianne J. Jennings; Robert G. Sutherland; Richard C. Fuller; Robert E. Alshuler; Lewis J. Whitney, Defendants-Appellees. No. 92-55043. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 1993. Decided Aug. 24, 1995. Before: BROWNING, Circuit Judge, BRIGHT, * and WRIGHT, ** Senior Circuit Judges. MEMORANDUM *** Dismissal under Rule 9(b) was not appropriate. Rule 9(b) "does not require that the complaint set forth facts giving rise to an inference of scienter, nor that it furnish a detailed exegesis of how the defendants came by the knowledge of those facts which belie their statements." In Re: GlenFed, Inc. Securities Litigation, 42 F.3d 1541, 1554 (9th Cir.1994). It requires "only that the circumstances constituting fraud ... be set forth…