In Re Eagle Building Technologies, Inc., Securities Litigation

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT TANNER & COMPANY’S MOTION TO DISMISS THE SECOND AMENDED CLASS ACTION COMPLAINT WITH PREJUDICE

RYSKAMP, District Judge.

THIS CAUSE comes upon Defendant Tanner & Company’s (“Tanner”) Motion to Dismiss [DE 94] the Second Amended Class Action Complaint With Prejudice [DE 88]. This motion was filed on August 21, 2003. Plaintiffs responded [DE 100] on October 2, 2003, and Tanner replied [DE 104] on October 30, 2003. Per request [DE 95] by Tanner, this Court heard oral argument from the parties on January 9, 2004. This matter is now ripe for…