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MENIDES v. THE COLONIAL GROUP, INC.

Civ. A. No. 87-0098-MA.

681 F.Supp. 965 (1987)

Byron MENIDES, Plaintiff, v. THE COLONIAL GROUP, INC., John A. McNeice, Jr., and C. Herbert Emilson, Defendants.

United States District Court, D. Massachusetts.

October 26, 1987.

Attorney(s) appearing for the Case

Richard Dahlen, Richard E. Sanderson, Hale, Sanderson, Byrnes & Morton, Boston, Mass., for plaintiff.

William A. McCormack, Richard Mentzinger, Jr., James P. Delphey, Bingham, Dana & Gould, Boston, Mass., for all defendants.

MEMORANDUM AND ORDER

MAZZONE, District Judge.

At issue in this securities fraud case is whether § 10(b) of the Securities Act of 1934, 15 U.S.C. § 78j(b) ("Securities Act"), and Rule 10b-5 promulgated thereunder by the Securities and Exchange Commission, apply in a situation where an employee is forced to abandon his position by principals of the company for which he works, allegedly in breach of fiduciary...

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