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HECTOR v. WIENS

No. 74-1727.

533 F.2d 429 (1976)

Ernest C. HECTOR, Plaintiff-Appellant, v. Herman WIENS, Individually and dba Wiens Feed Lot, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

February 23, 1976.

Attorney(s) appearing for the Case

Frank F. Jestrab (argued), of Jestrab & Bjella, Williston, N. D., for plaintiff-appellant.

Thomas E. Towe (argued), of Towe, Neely & Ball, Billings, Mont., for defendants-appellees.

Before BROWNING and WALLACE, Circuit Judges and TURRENTINE, District Judge.

OPINION

PER CURIAM:

This is an action, inter alia, to recover damages for alleged violations of the Securities Act of 1933 and the Securities Exchange Act of 1934. Defendant bank moved to dismiss the cause for failure to state a claim under the Securities Acts on the ground that the transaction between plaintiff and defendant bank did not involve a security. The district court, treating the motion to dismiss as one for summary judgment pursuant to...

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