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WAYNE INV. INC. v. GULF OIL CORP.

No. 84-1099.

739 F.2d 11 (1984)

WAYNE INVESTMENT, INC., Plaintiff, Appellant, v. GULF OIL CORPORATION, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 18, 1984.

Attorney(s) appearing for the Case

Susan F. Brand, Boston, Mass., with whom Alfred J. O'Donovan, III, Boston, Mass., was on brief, for appellant.

John W. Castles 3d, New York City, with whom William P. Casella, Banks Brown, Ellen M. Saideman, New York City, John E. Bailey, Kenneth C. Keener, Houston, Tex., Eleanor D. Acheson, Ropes & Gray, Boston, Mass., and Lord, Day & Lord, New York City, were on brief, for appellees.

Before COFFIN and BOWNES, Circuit Judges, and PETTINE, Senior District Judge.

COFFIN, Circuit Judge.

Appellant Wayne Investment brought an action against Gulf Oil Corporation (Gulf) alleging that Gulf had violated § 17(a) of the Securities Act of 1933,1 §§ 10(b) and 14(e) of the Securities Exchange Act of 1934, Mass.Gen.Laws Ann. ch. 93A, and the common law of fraud by making false and misleading statements in connection with a tender offer. The district court dismissed the complaint on the ground...

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