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HEALEY v. CATALYST RECOVERY OF PENNSYLVANIA, INC.

No. 79-1370.

616 F.2d 641 (1980)

Michael J. HEALEY, Jr., Individually and for himself and derivatively on behalf of all shareholders of Catalyst Regeneration Services, Inc., for the benefit of Catalyst Regeneration Services, Inc. v. CATALYST RECOVERY OF PENNSYLVANIA, INC., Catalyst Recovery of Louisiana, Inc., Catalyst Recovery, Inc., and Dennis J. Shaughnessy and Lawrence P. Naylor, III and P. Kenrick Maher and Wilbert H. Sirota and Joann Benedict and Carmen L. Porter and V. L. Schultz and Robert Levi and Mercantile Safe Deposit & Trust Co., Catalyst Recovery of Pennsylvania, Inc., Catalyst Recovery of Louisiana, Inc., Catalyst Recovery, Inc., Dennis J. Shaughnessy, Lawrence P. Naylor, III, P. K. Maher, Wilbert H. Sirota, and Robert Levi, Appellants.

United States Court of Appeals, Third Circuit.

Decided January 29, 1980.

Attorney(s) appearing for the Case

Gilbert J. Helwig (argued), Joseph F. McDonough, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., H. Vernon Eney (argued), Venable, Baetjer & Howard, Baltimore, Md., for appellants.

Albert G. Feczko (argued), Feczko & Seymour, Pittsburgh, Pa., Kenneth R. Long (argued), Pittsburgh, Pa., for appellee.

Before SEITZ, Chief Judge, ALDISERT, Circuit Judge, and HUYETT, District Judge.

OPINION OF THE COURT

SEITZ, Chief Judge.

Five individual and three corporate defendants appeal from a judgment entered against them on a jury verdict awarding the plaintiff damages for violation of § 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78j(b), and rule 10b-5, 17 C.F.R. § 240.10b-5.

I. Factual Background

In the spring of 1972, the plaintiff became a 20% shareholder and president of Catalyst...

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