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MAGGIO v. GERARD FREEZER & ICE CO.

No. 86-2103.

824 F.2d 123 (1987)

Joseph L. MAGGIO, Plaintiff, Appellant, v. GERARD FREEZER & ICE CO., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 15, 1987.

Attorney(s) appearing for the Case

Alexander Whiteside with whom Putnam, Bell & Russell, Boston, Mass., was on brief, for plaintiff, appellant.

Joseph L. Cotter with whom Margaret R. Hinkle, Paula M. Bagger and Goodwin, Procter & Hoar, Boston, Mass., were on brief, for defendant, appellee Gerard Freezer and Ice Co.

Michael D. Weisman with whom Robert D. Richman and Hill & Barlow, Boston, Mass., were on brief, for defendants, appellees Candeloro J. Maggio, Jr. and Peter R. Maggio.

Before COFFIN, Circuit Judge, MALETZ, Senior Judge, and TORRUELLA, Circuit Judge.

COFFIN, Circuit Judge.

Plaintiff-appellant Joseph Maggio challenges a district court award of summary judgment in favor of Gerard Freezer & Ice Company ("Gerard Freezer") and several individual defendants.1 The court held that plaintiff's complaint, which alleges violations of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), Rule 10b-5, 17 C.F.R. § 240.10b-5, breach of fiduciary duty, and common law...

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