McKesson Hboc, Inc., Plaintiff-Counter-Claimant-Appellant v. New York State Common Retirement Fund, Inc., Individually and as a Representative of a Class Consisting of All Persons Who Exchanged More Than 20,000 Shares of Hbo & McKesson Common Stock for Shares of McKesson Hboc, Inc. Common Stock on or After January 12, 1999 (As Defined Herein), Defendant-Counter-Defendant-Appellee. McKesson Hboc, Inc., Plaintiff-Counter-Claimant-Appellant v. New York State Common Retirement Fund, Inc., Individually and as a Representative of a Class Consisting of All Persons Who Exchanged More Than 20,000 Shares of Hbo & McKesson Common Stock on or After January 12, 1999 (As Defined Herein), Defendant-Counter-Defendant-Appellee

339 F.3d 1087 McKESSON HBOC, Inc., Plaintiff-Counter-Claimant-Appellant, v. NEW YORK STATE COMMON RETIREMENT FUND, INC., individually and as a representative of a defendant class consisting of all persons who exchanged more than 20,000 shares of HBO & McKesson common stock for shares of McKesson HBOC, Inc. common stock on or after January 12, 1999 (as defined herein), Defendant-Counter-Defendant-Appellee. McKesson HBOC, Inc., Plaintiff-Counter-Claimant-Appellant, v. New York State Common Retirement Fund, Inc., individually and as a representative of a defendant class consisting of all persons who exchanged more than 20,000 shares of HBO & McKesson common stock on or after January 12, 1999 (as defined herein), Defendant-Counter-Defendant-Appellee. No. 02-15301. No. 02-16272. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 2003 — San Francisco, California. Filed August 13, 2003. James E. Lyons, Skadden, Arps, Slate, Meagher & Flom LLP, San Francisco, California, and Jonathan J. Lerner, Skadden, Arps, Slate, Meagher & Flom LLP, New York, New York, for the appellant. Daniel L. Berger, Bernstein Litowitz Berger & Grossmann LLP, New…