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JAMES STEIN v BANK OF NEW ENGLAND CORP Click to find out why . . .



Keywords & Phrases
CaseNo: SVBON83887, CourtCode: DIS, CourtName: WALTHAM DISTRICT COURT, Plaintiff: JAMES STEIN, UniqueCaseRef: LCD>SVBON83887, State: MA Massachusetts, Common, Bank, England, Bnec, Acts, England Corporation, District, Financial Statements, Class Action, Principles, Securities, Ernst, Loan, Common Stock, Massachusetts, Rule Lob-5, Exchange Act, Individual Defendants, Inter Alia, Annual Report, Misleading, Market Price, Real Estate, Class Period, Action Pursuant, Lob-5 Promulgated Thereunder, Materially False, Unqualified Opinion, Parties, Reside, Local Rule, Civil, Sheet, United States, Shapiro, Government, Usc, Judge, Demand, Complaint , ContentID: 120246271

Case Documents
1 1989-12-19 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 114844
31 pages
PDF
2 1989-12-19 CIVIL COVER SHEET
[ see first page and extracted highlights below  ] ItemID: 114843
5 pages
PDF
Total Documents: 2 documents , 36 pages
Price: $ 24.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
BANK
DEFENDANTS
ENGLAND
BNEC
ACTS
ENGLAND CORPORATION
FINANCIAL STATEMENTS
CLASS ACTION
PRINCIPLES
LAW
DISTRICT
SECURITIES
ERNST
LOAN
COMMON STOCK
RULE LOB-5
MASSACHUSETTS
EXCHANGE ACT
INDIVIDUAL DEFENDANTS
INTER ALIA
ANNUAL REPORT
MISLEADING
MARKET PRICE
REAL ESTATE
CLASS PERIOD
ACTION PURSUANT
LOB-5 PROMULGATED THEREUNDER
MATERIALLY FALSE
UNQUALIFIED OPINION
                          UNITED STATES DISTRICT  COUR
                           DISTRICT OF MASSACHUSETTS  IEc  \I  2  2'p"Bq
-----------------------------+~~~~~
                                                       :
JAMES STEIN,                                           .l
                                                  .
                                                  l
                           Plaintiff, :                      JURY TRIAL DEMANDED
                                                  .l
             -against-                            ..         CIVIL ACTION NO. 89-
                                                  .          BBO  #454680
BANK OF NEW ENGLAND CORPORATION, ;
WALTER J. CONNOLLY, JR.,
GORDON I. ULMER, RICHARD R.
DRISCOLL, and ERNST & YOUNG,                     ..
                           Defendants.           :.                             ; . .
                                                 .              i ,
                                                                 ": .;r ;: ';i,. .,
--------- ---- --------- ------  ----+-X,!."::E ;i '> :, p.. ;:, $; b-
                                                \,, &;I'; .'., Y p $'I& 4. ,
                                                ? : @," f ,' '-
     Plaintiffs by his attorneys, for his Class Action
Complaint, alleges upon personal knowledge as to himself and
his own acts and as to all other matters upon information and
belief based upon, inter alia, the investigation made by and
through his attorneys, as follows:


                             JURISDICTION AND VENUE
     1.     This Court has jurisdiction over the subject matter of
this action pursuant to Section 27 of the Securities Exchange
Act of 1934 (the "Exchange Act"), 15 U.S.C. Section 78aa; and
the principles of  pendent jurisdiction.


     2.     The claims asserted herein arise under Sections  10(b)
and 20(a) of the Exchange Act, 15 U.S.C. Sections  78j(b)  and
78t(a); Rule  lob-5 promulgated thereunder by the SEC; and the
common law.



44    emem
                      3.
                      3.    Venue is proper in this District because many of the
                            Venue is proper in this District because many of the
              acts and transactions alleged and conduct constituting
              acts and transactions alleged and conduct constituting
              violations of law complained of, including, inter alia. the
SNIPPETS:
  • UNITED STATES DISTRICT COUR
  • This Court has jurisdiction over the subject matter of this action pursuant to Section 27 of
  • acts and transactions alleged and conduct constituting
  • violations of law complained of, including, inter alia.
  • misleading information have occurred in this District.
  • defendant Bank of New England Corporation
  • and many of the defendants and other witnesses with knowledge
  • facilities of national and regional securities exchanges.
  • purchased 125 shares of common stock of BNEC at $26
  • purchased approximately 175 shares of common stock of BNEC at
  • laws of the State of Massachusetts,
  • The following individual defendants are or were directors and/or officers of the Company as
  • Defendant Ernst 6 Young, a successor company to Ernst 6 Whinney, is a certified public
  • opinion was materially false and misleading for the reasons set forth hereinafter.
  • Position as the Company's independent outside accounting firm, defendant Ernst 6 Young had a
  • of their stock ownership, managerial positions and/or Board positions, the Individual
  • During the Class Period, as defined in paragraph 23 herein, each of the Individual Defendants
  • CLASS ACTION ALLEGATIONS
  • Plaintiff brings this suit as a class action pursuant to Rule 23 of the Federal Rules of
  • Almost half of the Company's assets are real estate based assets, whose values are greatly
  • Defendant Ernst & Young, as the Company's independent public accountant, certified the
  • Ernst & Young issued an unqualified opinion that the financial statements referred to above
  • By reason of the foregoing, defendants have violated Section 10of the Exchange Act and Rule
  • By virtue of the foregoing, BNEC and the Individual Defendants violated Section 10of the

  • 2 . CIVIL COVER SHEET

    EXTRACTED KEY WORDS
    PARTIES
    DISTRICT
    RESIDE
    LOCAL RULE
    CIVIL
    PLAINTIFF
    SHEET
    UNITED STATES
    SHAPIRO
    GOVERNMENT
    MASSACHUSETTS
    USC
    JUDGE
    DEMAND
    COMPLAINT
    DEFENDANT
    COUNTY
    LAND CONDEMNATION
    ATTORNEYS
    PUCE
    PARTY
    COMMONWEALTH
    NATURE
    SUIT
    PTF DEF
    FOREIGN
    STATUTE
    ACT
    FRAUD
    
      JS  4.4
      (Rev.  07/66)
         CIVIL  COVER  SHEET                                                                           
     Tha  JS44  civil  Cover  sheet  and  the  information                                            
    pplement                                      the  filing  and  service  of  pleadings  or  other 
    d  by  local
     rules  of  court.  This  form,  approved                                 by  the  Judicial        
    es  in  September  1974,  is  required  for  the  use  of  the  Clerk  df  Court  for  the  purpose
     sheet.  (SEE  INSTRUCTIONS                                     ON  THE  REVERSE                   
    
      I (a)  PLAINTIFFS
                                                       DEFENDANTS
    James  Stein
                                                        Bank  of  New  England                         
    ,
    
                                                        Walter                          J.  Connolly,  
                   Gordon                            I.
    
                                                        Ulmer,                          Richard        
                   and
    
                                                        Ernst                      &  Young
     (b)                                                                                               
    w  York
                  COUNTY                        OF  RESIDENCE                 OF  FIRST  LISTED 
                                                       COUNTY                OF  RESIDENCE             
                                                                (EXCEPT        IN  U.S.  PLAINTIFF     
                                                                                                       
       ONLY)
    
                                                       NOTE:          IN  LAND  CONDEMNATION           
    TION                        OF  THE
    
                                                                      TRACT  OF  LAND  INVOLVED
    
    
     (c)        ATTORNEYS                                   (FIRM  NAME,  ADDRESS,                     
                                                       ATTORNEYS                  (IF  KNOWN)
    Thomas  G.  Shapiro,                                                                            
    75  State                                         Street,                          Boston,         
                                (617)
    439-3939;                                                Lowey,                    Dannenberg,     
    d,
    Brachtl                                     &  Selinger,                                          
    enue
    NY,  NY  10017                                                   (212)                          
     II.  BASIS  OF  JURISDICTION                                                                      
                                                                                                       
    
    SNIPPETS:
  • a --Tha JS44 civil Cover sheet and the information
  • Conference of the United States in September 1974, is required for the use of the Clerk df
  • COUNTY
  • OF FIRST LISTED PLAINTIFF
  • OF FIRST LISTED DEFENDANT
  • NOTE: IN LAND CONDEMNATION
  • ATTORNEYS
  • Thomas G. Shapiro,
  • (PUCE
  • FOR PLANTIFF AND ONE Box FOR OEFENOAHn C 1 U.S. Government
  • PTF DEF
  • Parties in Item Ill)
  • Foreign Country IV. CAUSE OF ACTlON (CITE THE U.S. CIVIL STATUTE UNDER WlCH YW ARE FlUriG AND
  • Other Fraud fl 153 Remvery
  • [7 7 Judge from m 1 Original
  • 5 another district
  • COMPLAINT:
  • JURY DEMAND:
  • DISTRICT OF MASSACHUSETTS
  • TITLE OF CASE (NAME OF FIRST PARTY ON EACH SIDE ONLY)
  • NATURE OF SUIT CODE
  • (SEE LOCAL RULE 8(a)).
  • OF AN ACT OF CONGRESS
  • (SEE 28 USC 2403)
  • RESIDE IN THE CENTRAL AND/OR WESTERN
  • IF ANY OF THE PARTIES ARE THE UNITED STATES, COMMONWEALTH
  •    |