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GOLDMAN v. BELDEN

No. 19, Docket 84-7273.

754 F.2d 1059 (1985)

Steven GOLDMAN, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. G.C. BELDEN, Jr., Martin F. Birmingham, Jack C. Corey, Jr., Robert V. Gianniny, Frank M. Hutchins, Albert J. McMullen, Albert J. Montevecchio, Ernest I. Reveal, John R. Sykes, Robert F. Sykes, Sykes Datatronics, Inc., Defendants, G.C. Belden, Jr., John R. Sykes, Robert F. Sykes and Sykes Datatronics, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 12, 1985.

Attorney(s) appearing for the Case

Melvyn I. Weiss, New York City (David J. Bershad, Jerome M. Congress, Jeremy Heisler, Milberg Weiss Bershad Specthrie & Lerach, New York City, Handelman & Witkowicz, Rochester, N.Y., Leonard Barrack, Gerald J. Rodos, Barrack, Rodos & Bacine, Philadelphia, Pa., on brief), for plaintiff-appellant.

Kenneth A. Payment, Rochester, N.Y. (A. Paul Britton, Jr., Stuart B. Meisenzahl, Harter, Secrest & Emery, Rochester, N.Y., on brief), for defendants-appellees.

Before FEINBERG, Chief Judge, and MANSFIELD and KEARSE, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiff Steven Goldman appeals from a judgment of the United States District Court for the Western District of New York, Michael A. Telesca, Judge, dismissing his amended complaint charging defendants Sykes Datatronics, Inc. ("Sykes" or the "Company"), and three of its officials with having made material misrepresentations and omissions, in violation of § 10(b) of the Securities Exchange Act of 1934 ("1934 Act"), 15 U.S.C. §...

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