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JANIGAN v. TAYLOR

No. 6410.

344 F.2d 781 (1965)

John B. JANIGAN, Defendant, Appellant, v. Frederick B. TAYLOR et al., Plaintiffs, Appellees.

United States Court of Appeals First Circuit.

Decided May 4, 1965.

Attorney(s) appearing for the Case

Harold Lavien, Boston, Mass., with whom Joshua A. Guberman and Brown, Rudnick, Freed & Gesmer, Boston, Mass., were on brief, for appellant.

Harold M. Willcox, Boston, Mass., with whom Charles C. Cabot, Jr., Boston, Mass., was on brief, for appellees.

Before ALDRICH, Chief Judge, SWEENEY, Chief District Judge, and WYZANSKI, District Judge.

ALDRICH, Chief Judge.

This is a personal action brought by plaintiffs as a class in the district court for the district of Massachusetts in which they allege violations by the defendant of Rule 10b-5 (17 C.F.R. § 240, 10b-5) of the Securities and Exchange Commission promulgated pursuant to section 10 of the Securities Exchange Act of 1934 (15 U.S.C. § 78j), hereinafter the Act. The cause of action arises by implication of the Act. Fratt v. Robinson, 9 Cir...

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