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ALA. FARM BUR. MUT. CAS. v. AM. FID. LIFE INS. CO.

No. 77-1661.

606 F.2d 602 (1979)

ALABAMA FARM BUREAU MUTUAL CASUALTY COMPANY, INC., etc., Plaintiff-Appellant, v. AMERICAN FIDELITY LIFE INSURANCE COMPANY, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 15, 1980.

Attorney(s) appearing for the Case

Christine Reiger Milton, John H. Wilbur, Dudley Allen, Jacksonville, Fla., for plaintiff-appellant.

D. L. Middlebrooks, Pensacola, Fla., Charles N. Brower, Donald T. McNaughton, Alan L. Morrison, Washington, D. C., for Woodbury, Marques, Mauch, Richardson & Mertins.

Bert H. Lane, William H. Clark, Pensacola, Fla., for Hulse, Sikes, Smith & Riera.

Before SKELTON, Senior Judge, HILL and RUBIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 15, 1980.

ALVIN B. RUBIN, Circuit Judge:

The plaintiffs in this stockholders' derivative action seek to recover for alleged violations of Rules 10b-5, 17 C.F.R. § 240.10b-5 (1976), and 14a-9, 17 C.F.R. § 240.14a-9 (1976) of the Securities and Exchange Commission, and corresponding provisions of the Securities and Exchange Act of 1934, 15 U.S.C. §§ 78j(b), 78n(a), in the course of a stock repurchase...

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