UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
May 30, 1975
DAVID STIRLING, JR. AND WILLIAM G. STIRLING, PLAINTIFFS-APPELLANTS,
CHEMICAL BANK, INDIVIDUALLY, AND AS AGENT; THE CHASE MANHATTAN BANK, N.A.; MARINE MIDLAND BANK - WESTERN; MARINE MIDLAND BANK - ROCHESTER; LINCOLN FIRST BANK OF ROCHESTER (FORMERLY LINCOLN ROCHESTER TRUST COMPANY); UNION COMMERCE BANK, FRANK BEATTY; JOHN J. IRISH; PAAVO PRIMA; "RICHARD ROE"; "MICHAEL ROE"; "MARTIN ROE"; "ALPHONSE ROE"; AND "BILL ROE", (QUOTED NAMES FICTITIOUS, TRUE NAMES BEING UNKNOWN, THE PARTIES INTENDED BEING OFFICERS AND/OR EMPLOYEES OF THE RESPECTIVELY NAMED DEFENDANT BANKS, AS CO-CONSPIRATORS, ALONG WITH OTHER CO-CONSPIRATORS, NOT HEREIN NAMED), DEFENDANTS-APPELLEES.
Appeal from an order and judgment of the United States District Court for the Southern District of New York, Dudley B. Bonsal, Judge, dismissing the amended complaint in a stockholders' class action against a group of banks and certain of their officers and employees which sought damages for alleged violations of § 10(b), 13 and 16 of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b), 78m and 78p, SEC Rule 10b-5, 17 C.F.R. § 240.10b-5, Section 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q(a), and for common law fraud. Affirmed.
Before: CLARK, Associate Justice,*fn*
HAYS and MANSFIELD, Circuit Judges.
We affirm upon Judge Bonsal's well considered opinion reported at 382 F. Supp. 1146 (S.D.N.Y. 1974).