HOLMES v. BATESON

Civ. A. No. 5116.

434 F.Supp. 1365 (1977)

Elizabeth D. HOLMES and Industrial National Bank of Rhode Island, as Executors of the Estate of Howard W. Holmes, Plaintiffs, v. Harold BATESON and Gordon Bronson, Individually and under the trade name and style of Charles A. Maguire and Associates, C. E. Maguire, Inc. and Combustion Engineering, Inc., Defendants.

United States District Court, D. Rhode Island.

Supplemental Opinion August 26, 1977.


Attorney(s) appearing for the Case

Bressler, Meislin & Lipsitz, New York City, Edwards & Angell, Providence, R. I., for plaintiffs; Bernard Bressler, Alan D. Plotkin, New York City, Richard M. Borod, Edward F. Hindle, Providence, R. I., of counsel.

Hinckley, Allen, Salisbury & Parsons, Providence, R. I., Withington, Cross, Park & Groden, Boston, Mass., for Harold Bateson and Gordon Bronson; George W. Vetter, Jr., Providence, R. I., John M. Reed, Jeremiah F. Healy, III, Boston, Mass., of counsel.

Higgins, Cavanagh & Cooney, Providence, R. I., for C. E. Maguire, Inc. and Combustion Engineering, Inc.; Joseph V. Cavanagh, Providence, R. I., of counsel.

Shearman & Sterling, New York City, for defendants; W. Foster Wollen, Thomas M. Geisler, Jr., New York City, of counsel.


OPINION

DAY, Senior District Judge.

This is a civil action in which the plaintiffs, executors of the Estate of Howard W. Holmes (the Estate), seek damages and other relief on account of alleged violations of § 10(b) of the Securities Exchange Act of 1934 (the Act) and Rule 10b-5 promulgated thereunder, as well as, the alleged commission of fraud and breach of fiduciary obligations under the laws of Rhode...

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