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ROGEN v. ILIKON CORPORATION

No. 6692.

361 F.2d 260 (1966)

Neil ROGEN, Plaintiff, Appellant, v. ILIKON CORPORATION et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

June 2, 1966.

Attorney(s) appearing for the Case

Robert J. Hallisey, Boston, Mass., and Louis Loss, Cambridge, Mass., with whom Richard M. Harter and Bingham, Dana & Gould, Boston, Mass., were on brief, for appellant.

Robert W. Meserve, Boston, Mass., with whom Alan R. Trustman, Laurence M. Johnson and Nutter, McClennen & Fish, Boston, Mass., were on brief, for appellee.

Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges.

OPINION OF THE COURT.

COFFIN, Circuit Judge.

This appeal tests the propriety of the district court's action in granting defendant's motion for summary judgment in a suit brought to recover damages for nondisclosure of material facts in connection with the sale of plaintiff's stock to defendant corporation. The pertinent section of the Securities Exchange Act of 1934, 10(b), 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.10b-5, promulgated...

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