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KENNEDY v. JOSEPHTHAL & CO., INC.

No. 85-1833.

814 F.2d 798 (1987)

Thorburn KENNEDY, Trustee, et al., Plaintiffs, Appellees, v. JOSEPHTHAL & COMPANY, INC., et al., Defendants, Appellees. Edward M. Swartz and Fredric Swartz, Plaintiffs, Appellants.

United States Court of Appeals, First Circuit.

Decided March 26, 1987.

Attorney(s) appearing for the Case

Alan L. Cantor with whom Swartz & Swartz, Boston, Mass., was on brief for plaintiffs, appellants.

Alan I. Raylesberg with whom Barry Michael Okun, Rosenman Colin Freund Lewis & Cohen, New York City, and Gerald H. Abrams, Newton, Mass., were on brief for defendant, appellee Josephthal & Co., Inc.

Before CAMPBELL, Chief Judge, TORRUELLA, Circuit Judge, and PIERAS, District Judge.

PIERAS, District Judge.

We review here the grant of a summary judgment and other dispositive motions, by the United States District Court for the District of Massachusetts, in favor of defendant, Josephthal & Co. The plaintiffs, Thorburn Kennedy, as Trustee of the Thorburn Kennedy Revocable Trust, Edward Swartz, and Frederic Swartz, originally brought claims against defendant in December 1981, based on the sale of shares of a limited partnership called NRG Coal...

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