BRYSON v. ROYAL BUSINESS GROUP

No. 84-1991.

763 F.2d 491 (1985)

Michael C. BRYSON, Plaintiff, Appellant, v. ROYAL BUSINESS GROUP, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 12, 1985.


Attorney(s) appearing for the Case

Herbert E. Milstein, Washington, D.C., with whom Lisa M. Mezzetti, Kohn, Milstein, Cohen & Hausfeld, Washington, D.C., Glen DeValerio, Harry A. Garfield, II and Berman, DeValerio & Pease, Boston, Mass., were on brief, for plaintiff, appellant.

Thomas R. Murtagh, Boston, Mass., with whom Bruce F. Metge and Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Boston, Mass., were on brief, for Royal Business Group, Inc. and Real O. Roy.

Franklin B. Velie, New York City, with whom Janis G. White and Christy & Viener, New York City, were on brief, for Michael R. Stanfield, Robert B. Machinist, Midland Venture Capital, Ltd. and American Business Group, Inc. Liquidating Trust.

Alan J. Sorkowitz with whom C. MacNeil Mitchell and Breed, Abbott & Morgan, New York City, were on brief, for Ladenburg, Thalmann & Co., Inc. and J.J.B. Hilliard, W.L. Lyons, Inc.

Before COFFIN, Circuit Judge, ALDRICH and ROSENN, Senior Circuit Judges.


ROSENN, Circuit Judge.

Plaintiff, Michael C. Bryson, appeals from the district court's grant of summary judgment against him in this securities case. The district court based its decision primarily on plaintiff's failure to produce facts to support his allegation of scienter.1 For example, plaintiff failed to submit any affidavit countering an affidavit submitted by the chairman of the board and chief executive officer of Royal...

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