JOYCE v. JOYCE BEVERAGES, INC.

No. 255, Docket 77-7262.

571 F.2d 703 (1978)

William J. JOYCE, Bernice Riley Joyce, Mary Joyce Hammond, William J. Joyce, Jr., Dorothy Ann Joyce, Catherine Joyce McManus, Paul McManus, Jill Joyce Kasselman and Judith Joyce Lang, Plaintiffs-Appellants, v. JOYCE BEVERAGES, INC., John M. Joyce and William J. Collier, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 30, 1978.


Attorney(s) appearing for the Case

Donald E. Egan, Chicago, Ill. (Katten, Muchin, Gitles, Zavis, Pearl & Galler, Chicago, Ill., Lee Ann Watson, Chicago, Ill., on the brief, Chadbourne, Parke, Whiteside & Wolff, New York City, of counsel), for plaintiffs-appellants.

Michael Lesch, New York City (Shea, Gould, Climenko & Casey, Lillian S. Weigert, New York City, of counsel), for defendants-appellees.

Before FRIENDLY, HAYS and OAKES, Circuit Judges.


HAYS, Circuit Judge:

Plaintiffs-appellants appeal the dismissal of their complaint in an action brought under § 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78j(b) (1976), and Rule 10b-5, 17 C.F.R. § 240.10b-5 (1977).

The complaint alleged that an "Information Statement" that accompanied a proposed exchange of stock contained various material omissions and misrepresentations. The defendants moved to dismiss the complaint pursuant...

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