Lipton v. Pathogenesis Corp.

284 F.3d 1027 David S. LIPTON, on his own behalf and on behalf of those similarly situated; Richard Baker, on his own behalf and on behalf of those similarly situated; Ray Fralovk, on his own behalf and on behalf of those similarly situated; Anne Shapiro, on her own behalf and on behalf of those similarly situated; Judy May, on her own behalf and on behalf of those similarly situated; Donald R. Gellert, on his own behalf and on behalf of those similarly situated; Peter Green, on his own behalf and on behalf of those similarly situated; Jerry Bassin, on his own behalf and on behalf of all others similarly situated; C Mark Williams; Paul A. Waskom; Walid Mseitif; and Gregg S. Tenser, Plaintiffs-Appellants-Cross-Appellees, v. PATHOGENESIS CORP.; Wilbur H. Gantz; and Alan R. Meyers, Defendants-Appellees-Cross-Appellants. No. 00-35268. No. 00-35313. No. CV-99-00419-TSZ. No. CV-99-00439-TSZ. No. CV-99-00452-RSL. No. CV-99-00453-JCC. No. CV-99-00455-WLD. No. CV-99-00469-BJR. No. CV-99-00503-RSL. No. CV-99-00506-BJR. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 19, 2001. Filed March 20, 2002. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Matthew J.…