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CAPRI v. MURPHY

Nos. 1137, 1248, Dockets 88-7051, 88-7053.

856 F.2d 473 (1988)

Daniel CAPRI, Stanley Machenberg, Robert A. Epstein, Ronald A. King, Paul A. Plotkin, Frederick Gilchrist, Joseph D. Waxberg, Victor Wall, Martin Fox, William Capri, Gerard Davis, Eve Kotkin, Sanford P. Young, James L. Cohen, Bruce Weale, Plaintiffs-Appellants, Cross-Appellees, v. C. Gordon MURPHY, Greenwich Coal Associates, Greenwich Coal Company, Liberty Capital Group, Defendants and Third-Party Plaintiffs-Appellees, Cross-Appellants, v. GATES ENGINEERING COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 31, 1988.

Attorney(s) appearing for the Case

James R. Fogarty, Stamford, Conn. (Andrew P. Nemiroff, Epstein & Fogarty, Stamford, Conn., of counsel), for Capri, et al.

Richard L. Albrecht, Bridgeport, Conn. (Cohen & Wolf, P.C., Bridgeport, Conn., of counsel), for Murphy, et al.

Eugene A. Cooney, Hartford, Conn. (Cooney, Scully & Dowling, Hartford, Conn., of counsel), for Gates Engineering Co.

Before KAUFMAN and MINER, Circuit Judges, CONNER, District Judge.

MINER, Circuit Judge:

Plaintiffs Daniel Capri, et al., and defendants-third-party plaintiffs C. Gordon Murphy, et al., appeal from a judgment of the United States District Court for the District of Connecticut (Dorsey, J.), imposing liability on defendants for negligently promoting a coal-mining venture and dismissing plaintiffs' claims under federal and Connecticut securities laws as well as the third-party claim against Gates Engineering Company (...

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