COOK v. AVIEN, INC.

Nos. 77-1106 and 77-1107.

573 F.2d 685 (1978)

Benjamin A. COOK et al., Plaintiffs-Appellees, v. AVIEN, INC., et al., Defendants-Appellees, James F. Pritchard, Defendant-Appellant. Benjamin A. COOK et al., Plaintiffs-Appellants, v. AVIEN, INC., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

March 28, 1978.


Attorney(s) appearing for the Case

Steven J. Brooks, Boston, Mass., with whom John C. Foskett and Glass & Brooks, Boston, Mass., were on brief, for James F. Pritchard.

Charles Donelan, Worcester, Mass., with whom George B. Sanders, Jr., Bowditch & Lane, and Samuel R. DeSimone, Worcester, Mass., were on briefs, for Benjamin A. Cook et al.

Leo A. Weiss, pro se.

Clinton T. Crolius, Boston, Mass., with whom Barry M. Portnoy, Victor Bass, John G. Short, and Sullivan & Worcester, Boston, Mass., were on brief, for Robert A. Weaver, Jr., et al.

Robert J. Pearl, Rochester, N. Y., with whom Martin, Dutcher, Mousaw, Vigdor & Reeves, Rochester, N. Y., was on brief, for Pierre A. Alsina.

Edwin J. Carr, Boston, Mass., with whom Rich, May, Bilodeau & Flaherty, Boston, Mass., was on brief, for Roy E. Marquardt et al.

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


LAY, Circuit Judge.

These appeals arise from claims brought under the Securities Act of 1933,1 the Securities Exchange Act of 1934,2 and Securities Exchange Commission Rule 10b-5,3 to recover the purchase price of certain securities. In September of 1968 Benjamin A. Cook, Rachel C. Lowe, Gerald J. Eydenberg, Donald A. Conte, Peter A. Consiglio, and Advance Coatings Company purchased...

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