of action to enforce section 17(a) also exists. The Supreme Court has never answered the question. See Bateman Eichler, Hill Richards, Inc. v. Berner, 472 U.S. 299, 304 n. 9, 105 S.Ct. 2622, 2625 n. 9, 86 L.Ed.2d 215 (1985). Until today, neither had this court. See Cleary v. Perfectune, Inc., 700 F.2d 774, 779 (1st Cir.l983)(declining to reach this question). This issue has caused confusion because, while neither the language nor the history of section 17(a) clearly indicates a congressional intent to create a private right of action, see Newcome v. Esrey, 862 F.2d 1099, 1103-07 (4th Cir.1988), section 10(b) of the 1934 Act— with substantially similar lang , 867 (2d Cir.1968) (Friendly, J., concurring) (same), with Landry v. All American Assur. Co., 688 F.2d 381, 384-91 (5th Cir.1982) (<HOLDING>), and Stephenson v. Calpine Conifers II, Ltd.,
holding that erisa creates no private right of action holding that no private right of action exists under any of the provisions of the airport and airway improvement act recognizing that no private right of action exists for subsection a violations holding that no private right of action exists recognizing private right of action