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VERVAECKE v. CHILES, HEIDER & CO., INC.

No. 77-1923.

578 F.2d 713 (1978)

Maurice M. VERVAECKE, Appellant, v. CHILES, HEIDER & CO., INC., Dean Witter & Co., Incorporated, Arthur Young & Company, Northwestern National Bank, Hospital Authority No. 1 of Sarpy County, Nebraska and Midlands Community Hospital, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 9, 1978.

Attorney(s) appearing for the Case

John P. Kanouff of Hopper & Kanouff, Denver, Colo., for appellant; Steve A. Miller, Denver, Colo., August Ross of Ross & Mason, Michael McCormack of McCormack, Cooney & Mooney and Daniel G. Dolan, Dolan & Dinsmore, Omaha, Neb., on briefs.

Edward W. Keane of Sullivan & Cromwell, New York City, for appellees; Chiles, Heider & Co., Inc., Dean Witter & Co., Inc., Eugene L. Pieper, Omaha, Neb., Michael Winger, New York City and Donald F. Burt, Lincoln, Neb., on briefs.

C. L. Robinson and Lyle E. Strom, Omaha, Neb., John Matson and Carl D. Liggio, New York City, Michael G. Brady, Omaha, Neb., Phil M. Cartmell, Jr., Kansas City, Mo. and Dixon G. Adams, Papillion, Neb., on brief for appellees, Arthur Young, Northwestern Nat. Bank, Hospital Authority No. 1 of Sarpy County, Neb. and Midlands Community Hospital.

Before BRIGHT and ROSS, Circuit Judges, and MEREDITH, District Judge.

ROSS, Circuit Judge.

In March 1974 the appellant Maurice M. Vervaecke purchased eight corporate bonds for a total of $40,000 which are the subject of the allegations of securities fraud in this case. The bonds were authorized by the defendant-appellee Hospital Authority, a corporate entity created pursuant to Nebraska law, for the construction of the Midlands Community Hospital in Sarpy County, Nebraska. Bonds for the hospital were issued in two series, Series 1973...

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