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The District Court correctly found that lead plaintiff in this class action failed to establish a material misstatement or omission by Merck in the registration statements filed in connection with an IPO and, thus, that it did not sufficiently plead a securities fraud under � 10(b) of the Securities Exchange Act of 1934 or under � 11 of the Securities Act of 1933, and that it therefore also failed to make a valid � 20(a) claim under the '34 Act; the dismissal of these claims is affirmed.
January 02, 2006 at 12:00 AM
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