HOLMES v. BATESON

Nos. 77-1484 to 77-1486.

583 F.2d 542 (1978)

Elizabeth D. HOLMES and Industrial National Bank of Rhode Island, as Executors of the Estate of Howard W. Holmes, Plaintiffs-Appellees, v. Harold BATESON and Gordon Bronson, Individually and Under the Trade Name and Style of Charles A. Maguire and Associates, and C. E. Maguire, Inc. and Combustion Engineering, Inc., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided August 11, 1978.

As Amended August 28, 1978.


Attorney(s) appearing for the Case

W. Foster Wollen, New York City, with whom Thomas M. Geisler, Jr., Shearman & Sterling, New York City, Joseph V. Cavanagh and Higgins, Cavanagh & Cooney, Providence, R. I., were on brief, for appellant C. E. Maguire, Inc.

Gerald Gillerman, Boston, Mass., with whom Jill W. Landsberg, Widett, Widett, Slater & Goldman, P. C., Paul M. Siskind, John M. Reed, Jeremiah F. Healy, III, Withington, Cross, Park & Groden, Boston, Mass., George M. Vetter, Hinckley, Allen, Salisbury & Parsons, and G. Chandler Beals, Providence, R. I., were on brief, for appellants Harold Bateson and Gordon Bronson.

Bernard Bressler, New York City, with whom Alan D. Plotkin, Bressler, Lipsitz & Rothenberg, New York City, Richard M. Borod and Edwards & Angell, Providence, R. I., were on brief, for appellees.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


BOWNES, Circuit Judge.

This appeal arises from claims brought under the Securities Exchange Act of 1934, section 10(b), 15 U.S.C. § 78j(b), and Securities Exchange Commission Rule 10b-5, to obtain compensatory damages for the sales of securities allegedly induced by appellants in violation of the Act and the rules promulgated pursuant to it.1 An action for fraud was also brought under Rhode...

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