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Plaintiffs Daniel Capri, et al., and defendants-third-party plaintiffs C. Gordon Murphy, et al., appeal from a judgment of the United States District Court for the District of Connecticut (Dorsey, J.), imposing liability on defendants for negligently promoting a coal-mining venture and dismissing plaintiffs' claims under federal and Connecticut securities laws as well as the third-party claim against Gates Engineering Company ("Gates") for indemnification. For the reasons that follow, we affirm the district court on the negligence claim, reverse the court's dismissal of plaintiffs' claims under section 12(2) of the Securities Act of 1933 and Conn.Gen.Stat. § 36-498(a), and remand with instructions to enter judgment against defendants Murphy and Greenwich Coal Company, to make further factual findings with respect to defendant Liberty Capital Group, and to amend the determination of plaintiffs' damages.


856 F.2d 473 (1988)

Daniel CAPRI, Stanley Machenberg, Robert A. Epstein, Ronald A. King, Paul A. Plotkin, Frederick Gilchrist, Joseph D. Waxberg, Victor Wall, Martin Fox, William Capri, Gerard Davis, Eve Kotkin, Sanford P. Young, James L. Cohen, Bruce Weale, Plaintiffs-Appellants, Cross-Appellees,


C. Gordon MURPHY, Greenwich Coal Associates, Greenwich Coal Company, Liberty Capital Group, Defendants and Third-Party Plaintiffs-Appellees, Cross-Appellants, v. GATES ENGINEERING COMPANY, Third-Party Defendant-Appellee.

Nos. 1137, 1248, Dockets 88-7051, 88-7053.

United States Court of Appeals, Second Circuit.

Argued June 2, 1988.

Decided August 31, 1988.

New York Law School location: File #587, Box #121