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deHAAS v. EMPIRE PETROLEUM COMPANY

No. 22-70.

435 F.2d 1223 (1970)

William F. deHAAS et al., Plaintiffs-Appellees, v. EMPIRE PETROLEUM COMPANY, a Colorado corporation, Eugene M. Stone, Empire Crude Oil Company, a Nevada corporation, and American Industries, Inc., a Nevada corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearings Denied February 10, 1971.

Attorney(s) appearing for the Case

Holmes Baldridge, Denver, Colo. (Arlen S. Ambrose, Denver, Colo., was with him on the brief) for defendants-appellants.

James W. Heyer, Denver, Colo., for plaintiffs-appellees.

Before LEWIS, Chief Judge, and SETH and HICKEY, Circuit Judges.

LEWIS, Chief Judge.

This is a multiple claim stockholders' derivative action brought by plaintiff deHaas as a stockholder of American Industries, Inc., seeking damages and equitable relief against defendants for violations of Rule 10b-5 promulgated by the Securities and Exchange Commission pursuant to section 10(b) of the Securities Exchange Act of 1934. After trial before court and jury in the United States District Court for the District of Colorado two claims survived...

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