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JALBERT v. U.S. S.E.C.

No. 18-2043.

945 F.3d 587 (2019)

Craig R. JALBERT, in his capacity as Trustee of the F2 Liquidating Trust, on behalf of himself and all others similarly situated, Plaintiff, Appellant, v. U.S. SECURITIES AND EXCHANGE COMMISSION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

December 20, 2019.

Attorney(s) appearing for the Case

Alex Lipman , New York, NY, with whom William R. Baldiga , Boston, MA, Justin S. Weddle , Ashley L. Baynham , New York, NY, and Brown Rudnick LLP were on brief, for appellant.

John B. Capehart , Senior Counsel, Securities and Exchange Commission, with whom Robert B. Stebbins , General Counsel, Michael A. Conley , Solicitor, and Daniel Staroselsky, Senior Litigation Counsel, were on brief, for appellee.

Before Torruella, Thompson, and Kayatta, Circuit Judges.

Plaintiff-appellant Craig R. Jalbert ("Jalbert"), in his capacity as trustee for the F2 Liquidating Trust, appeals the district court's order granting the Securities and Exchange Commission's ("SEC") motion to dismiss his complaint for lack of subject matter jurisdiction and failure to state a claim. The district court...

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