FELDMAN v. PIONEER PETROLEUM, INC.

No. 85-1432.

813 F.2d 296 (1987)

Jerome I. FELDMAN and Martin M. Pollack, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. PIONEER PETROLEUM, INC.; Frontier Corporation; the Estate of William D. Bradford; Fidelity Bank, N.A.; and Alice June Harris, Defendants-Appellees. Securities and Exchange Commission; Norman C. Cross, Jr., and Cross & Company, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

March 5, 1987.


Attorney(s) appearing for the Case

Edward Labaton (Linda Nussbaum, John H. Riley of Goodkind, Wechsler, Labaton & Rudoff, New York City, and R.C. Jopling of Jopling & Blankenship, Oklahoma City, Okl., with him on the briefs) of Goodkind, Wechsler, Labaton & Rudoff, New York City, for plaintiffs-appellants.

B.J. Rothbaum, Jr. (Brinda K. White, with him on the brief) of Linn & Helms, Oklahoma City, Okl., for defendant-appellee Fidelity Bank, N.A.

Burck Bailey, Fellers Snider Blankenship Bailey & Tippens, Oklahoma City, Okl., for defendant-appellee Alice June Harris.

Daniel D. Boland of Hartzog, Conger & Cason, Oklahoma City, Okl., filed a brief for defendants-appellees Pioneer Petroleum, Inc. and Estate of William D. Bradford.

Richard Kirby, Asst. General Counsel (Daniel Goelzer, General Counsel, Jacob Stillman, Associate General Counsel, Marcha McNeely, Atty., and Paul Gonson, Solicitor, with him on the brief), S.E.C., Washington, D.C., for amicus curiae U.S. S.E.C.

B. Hayden Crawford (Mary N. Birmingham, Tulsa, Okl., with him on the brief) of Crawford, Crowe & Bainbridge, P.A., Tulsa, Okl., for amici curiae Norman C. Cross, Jr. and Cross & Co.

Before BARRETT and TACHA, Circuit Judges, and BROWN, District Judge.


WESLEY E. BROWN, Senior District Judge.

Plaintiffs appeal from a judgment entered pursuant to an order of the District Court, sitting without a jury, which granted defendants' Rule 41(b) motion for involuntary dismissal at the close of plaintiffs' case-in-chief on their federal securities fraud claims as well as the related common law fraud claims. Plaintiffs Jerome Feldman, Harvey Kushner, and Martin Pollack brought this private damage suit as a class action on behalf...

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