KAPLAN, District Judge. Plaintiff appeals from a judgment of the district court (Stanton, J.) to the extent that it dismissed the plaintiffs claims under Section 10(b) of the Securities and Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 78j, and Rule 10b-5 thereunder on the merits and his pendent state claims for lack of subject matter jurisdiction. One of the defendants cross-appeals from so much of the judgment as de…
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