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FUTURA DEVELOPMENT CORP. v. CENTEX CORP.

No. 84-1372.

761 F.2d 33 (1985)

FUTURA DEVELOPMENT CORPORATION, Plaintiff, Appellant, v. CENTEX CORPORATION, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 30, 1985.

Attorney(s) appearing for the Case

Harry E. Woods, Hato Rey, P.R., with whom Geoffrey M. Woods and Woods & Woods, Hato Rey, P.R., were on brief, for plaintiff, appellant.

Jay A. Garcia-Gregory, Hato Rey, P.R., with whom Francisco De Jesus Schuck, Salvador Antonetti-Zequeira, Maria Del Carmen Taboas, Fiddler, Gonzalez & Rodriguez, Hato Rey, P.R., Marshall Simmons, P.C. and Jenkens & Gilchrist, Dallas, Tex., were on brief, for defendants, appellees.

Before COFFIN, Circuit Judge, WISDOM, Senior Circuit Judge, and BOWNES, Circuit Judge.

BOWNES, Circuit Judge.

Appellant-plaintiff, Futura Development Corporation, claims that Centex Corporation and various of its subsidiaries, officers, and directors defrauded it of payment on a promissory note and seeks to recover its losses via § 10(b) of the Securities Exchange Act of 1934 and its implementing Rule 10(b)(5), 17 C.F.R. § 240.10b-5 (1984); § 17(a) of the Securities Act of 1933; and Puerto Rico law. The district court dismissed Futura...

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