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ALDRICH v. McCULLOCH PROPERTIES, INC.

No. 78-1872.

627 F.2d 1036 (1980)

Hillard H. ALDRICH and Amy Aldrich, Plaintiffs-Appellants, v. McCULLOCH PROPERTIES, INC., McCulloch Oil Company, Pueblo Wes Metropolitan District, Holly Development Co., John Doe and Richard Roe, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 5, 1980.

Attorney(s) appearing for the Case

Robert J. Dyer, III, Denver, Colo. (Gerald L. Bader, Jr., Denver, Colo., with him on brief) of Bader & Dufty, Denver, Colo. (and Richard A. Pundt of Silliman, Gray & Stapleton, Cedar Rapids, Iowa; Ronald L. Luehrsmann, Dyersville, Iowa; Edward Gallagher, Jr. and Edward Gallagher, III of Gallagher, Martin, Keith & Langlas, Waterloo, Iowa, with him on brief), for plaintiffs-appellants.

Thomas J. McDermott, Jr., Los Angles, Cal. (Howard O. Boltz, Jr., Los Angeles, Cal., with him on brief) of Kadison, Pfaelzer, Woodard, Quinn & Rossi, Los Angeles, Cal. (and Tuck Young of Lattimer, Bollinger, Young & Drummond, Pueblo, Colo., with him on brief), for defendants-appellees.

Before SETH, Chief Judge, McKAY and LOGAN, Circuit Judges.

McKAY, Circuit Judge.

Plaintiffs' appeal is from the district court's dismissal of their amended complaint for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). Plaintiffs, purporting to represent a class of purchasers, filed this action more than eight years after purchasing subdivided lots in defendants' "Pueblo West" real estate development. The complaint as amended alleged that the lots were "securities" within the meaning of federal...

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