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PENS. TRUST FUND v. MORTGAGE ASSET SECURITIZATION

No. 12-3454.

730 F.3d 263 (2013)

PENSION TRUST FUND FOR OPERATING ENGINEERS; Individually and on behalf of itself and all others similarly situated, Appellant, v. MORTGAGE ASSET SECURITIZATION TRANSACTIONS, INC.; David Martin; Per Dyrvik; Hugh Corcoran; Peter Slagowitz; UBS Real Estate Securities, Inc.; UBS Securities, LLC; UBS Americas Inc.

United States Court of Appeals, Third Circuit.

Filed: September 17, 2013.

Attorney(s) appearing for the Case

Douglas S. Wilens, Esq. , (Argued), Robbins Geller Rudman & Dowd, Boca Raton, FL, for Appellant Pension Trust Fund for Operating Engineers.

Peter S. Pearlman, Esq. , Cohn, Lifland, Pearlman, Herrmann & Knopf, Saddle Brook, NJ, for Appellant Pension Trust Fund for Operating Engineers.

Rukhsanah Singh, Esq. , Liza M. Walsh, Esq. , Connell Foley, Roseland, NJ, for Appellees Mortgage Asset Securitization Transactions, Inc., David Martin, Per Dyrvik, Hugh Corcoran, UBS Real Estate Securities, Inc., UBS Securities, LLC, Peter Slagowitz, and UBS Americas Inc.

Lawrence J. Zweifach, Esq. , (Argued), Gibson Dunn, New York, NY, for Appellees Mortgage Asset Securitization Transactions, Inc., David Martin, Per Dyrvik, Hugh Corcoran, UBS Real Estate Securities, Inc., UBS Securities, LLC, Peter Slagowitz, and UBS Americas Inc.

Before: FUENTES, FISHER and CHAGARES, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

Lead Plaintiff Pension Trust Fund for Operating Engineers (the "Operating Engineers") appeal from the District Court's initial order dismissing without prejudice their amended class action complaint (the "Amended Complaint"), which alleged violations of the Securities Act of 1933, 15 U.S.C. § 77a et seq., by subsidiaries and employees of UBS AG ("UBS"), for failure to plead compliance with the one-year...

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