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Decided July 22, 2009 Before Pooler, Hall, C.JJ., and Sweet, D.J.* Appeal from an order entered in the United States District Court for the Southern District of New York (William C. Conner, Judge) certifying a single class of plaintiffs alleging claims under both the Securities Act of 1933 and the Securities Exchange Act of 1934. Because we find that the district court did not abuse its discretion in concluding that the requirements of Rule 23 were satisfied with respect to the single class, we AFFIRM the order granting certification, but we VACATE that portion of the order which includes as members of the class individuals who sold their shares prior to February 13, 2002, and REMAND for further proceedings.

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