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CALVARY HOLDINGS, INC. v. CHANDLER

No. 91-1445.

948 F.2d 59 (1991)

CALVARY HOLDINGS, INC., et al., Plaintiffs, Appellants, v. Burton CHANDLER, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 30, 1991.

Attorney(s) appearing for the Case

Daniel J. Kelly with whom Robert A. Trevisani and Gadsby & Hannah, Boston, Mass., were on brief for plaintiffs, appellants.

Edward P. Leibensperger with whom David Abelman, Lori J. Shapiro and Nutter, McClennen & Fish, Boston, Mass., were on brief for defendant, appellee.

Before CAMPBELL, Circuit Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.

BOWNES, Senior Circuit Judge.

Plaintiff-appellants Calvary Holdings, Inc., Calvary Partners, Inc., and Calvary Partners, L.P. appeal from a finding of summary judgment against them.1 They had sued defendant-appellee Burton Chandler ("Chandler") alleging failure to file a Schedule 13D as required under section 13(d) of the Securities and Exchange Act as a "beneficial owner" of more than five percent of the outstanding stock of Diceon Electronics...

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