Beck v. Dobrowski
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
The plaintiff sued the members of the board of directors of the former Equity Office Property Trust charging that they had violated section 14(a) of the Securities Exchange Act, 15 U.S.C. § 78n(a), and the SEC’s implementing Rule 14a-9, 17 C.F.R. § 240.14a-9, which forbid material misrepresentations or omissions in soliciting a shareholder’s proxy vote. There is also a state-law claim. The district judge dismissed the federal part of the suit for failure to state a claim. Fed.R.Civ.P. 12(b)(6). He ruled that the Private Securities Litigation Reform Act, 15 U.S.C. §…
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