XAPHES v. MERRILL LYNCH, PIERCE, FENNER & SMITH

Civ. No. 80-0132-P.

597 F.Supp. 213 (1984)

John F. XAPHES, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER AND SMITH, INC., Tucker Anthony & R.L. Day, Inc. and Mark B. Billings, Defendants.

United States District Court, D. Maine.

October 29, 1984.


Attorney(s) appearing for the Case

John J. O'Leary, John S. Upton, Jeffrey D. Curtis, Kevin Gordon, Portland, Me., for plaintiff.

Thomas H. Allen, Richard A. Carriuolo, Drummond, Woodsum, Plimpton & MacMahon, Portland, Me., for Merrill Lynch, Pierce.

P. Benjamin Zuckerman, Charles Kadish, Verrill & Dana, Portland, Me., James E. McGuire, Warren D. Hutchinson, Brown, Rudnick, Freed & Gesmer, Boston, Mass., for Tucker, Anthony & R.L. Day, Inc.

Thomas Schulten, Priscilla F. Gray, Thomas Wheatley, Perkins, Thompson, Hinckley & Keddy, Portland, Me., for Mark B. Billings.


MEMORANDUM AND ORDER ON DEFENDANTS' JOINT MOTION TO DISMISS MAINE BLUE SKY CLAIMS, 1933 ACT SALES CLAIMS, AND SECTION 17(a) CLAIMS

GENE CARTER, District Judge.

With this motion Defendants seek to dismiss (1) the Maine blue sky law claims asserted in Counts III, IV and XIV; (2) the claims brought under § 12(2) of the Securities Act of 1933 (15 U.S.C. § 77l(2)) set forth in Counts I and II insofar as they are based on sales by Plaintiff of...

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