HUTCHINSON v. FIDELITY INV. ASS'N

No. 4490.

106 F.2d 431 (1939)

HUTCHINSON v. FIDELITY INV. ASS'N.

Circuit Court of Appeals, Fourth Circuit.

August 28, 1939.


Attorney(s) appearing for the Case

Edward Lamb, of Toledo, Ohio (Lowell Goerlich, of Toledo, Ohio, on the brief), for appellant.

Tom B. Foulk and Austin V. Wood, both of Wheeling, W. Va. (Koontz & Koontz, of Charleston, W. Va., and James G. McClure, of Wheeling, W. Va., on the brief), for appellee.

Chester T. Lane and John T. Callahan, both of Washington, D. C., Edward C. Jaegerman, of New York City, and Homer Kripke, of Washington, D. C., for Securities Exchange Commission, amici curiæ.

Before PARKER and NORTHCOTT, Circuit Judges, and H. H. WATKINS, District Judge.


PARKER, Circuit Judge.

This is a suit in equity brought in the District Court of the United States for the Northern District of West Virginia, at Wheeling, on December 19, 1938, by Robert F. McCammon and other contract holders, against the Fidelity Investment Association, a West Virginia corporation, engaged in the selling of investment contracts and operating under a license issued by the Insurance Commissioner of West Virginia pursuant to Article 9 of Chapter 33...

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