Smith Barney, Incorporated, Formerly Known as E. F. Hutton & Company, Inc., a Securities Broker Dealer Incorporated in De Lehman Brothers, Incorporated, a Securities Broker Dealer Incorporated in De v. Critical Health Systems of North Carolina, Incorporated of Raleigh, North Carolina, Formerly Known as Wake Anesthesiology Associates, Incorporated Wake Anesthesiology, Incorporated Money Purchase Pension Plan, of Raleigh, North Carolina Wake Anesthesiology Profit Sharing Plan, of Raleigh, North Carolina Peter Modrow, of Raleigh, North Carolina

212 F.3d 858 (4th Cir. 2000)

SMITH BARNEY, INCORPORATED, FORMERLY KNOWN AS E. F. HUTTON & COMPANY, INC., A SECURITIES BROKER DEALER INCORPORATED IN DE; LEHMAN BROTHERS, INCORPORATED, A SECURITIES BROKER DEALER INCORPORATED IN DE, PLAINTIFFS-APPELLANTS,

V

CRITICAL HEALTH SYSTEMS OF NORTH CAROLINA, INCORPORATED OF RALEIGH, NORTH CAROLINA, FORMERLY KNOWN AS WAKE ANESTHESIOLOGY ASSOCIATES, INCORPORATED; WAKE ANESTHESIOLOGY, INCORPORATED MONEY PURCHASE PENSION PLAN, OF RALEIGH, NORTH CAROLINA; WAKE ANESTHESIOLOGY

PROFIT SHARING PLAN, OF RALEIGH, NORTH CAROLINA; PETER MODROW, OF RALEIGH, NORTH…