This section contains the nature of the case and procedural background.

Ross (P) alleges that they purchased 100 shares of A.H. Robins Company (D) on July 23, 1973 and that from around April 1972 until July 1974, D engaged in a scheme to deceive the investing public as to the true condition of D with respect to the Dalkon Shield problems. P claims that D made statements to the public about the Dalkon Shield product that were untrue and that they failed to properly inform investors of the true problems and financial liability that D was incurring from this defective product. The trial court dismissed the complaint as it did not comply with Rule 9(b). P appealed.

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