ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED and the case REMANDED for consideration of the issue of attorneys’ fees incurred on appeal. The plaintiff, represented by appellants, Federman and Sherwood and Holzer and Holzer, brought a securities fraud class action against the defendants under sections 10(b) and 20(a) of the Securities Exchange Act of 1994 and under Rule 10b-5. The defendants moved to dismiss on the basis of, inter alia, a three-year statute of repose and a one-year statute of limitations. See Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson, 501 U.S. 350, 364, 111 S.Ct. 2773, 115 L.Ed.2d 321 (1991) (<HOLDING>). In opposition, the plaintiff made no
holding only purchasers and sellers of securities can recover under section 10b and rule 10b5 holding that actions asserting claims based on  10b and rule 10b5 must be initiated within a year of discovering the facts establishing the violation holding that section 10b and rule 10b5 suits must be commenced within one year after the discovery of the facts constituting the violation and within three years after such violation holding that a blanket bond contract provision requiring a party to bring suit within one year after discovery of the loss was not unreasonable holding that  10b and rule 10b5 apply to frauds against brokers