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FRATT v. ROBINSON

No. 13111.

203 F.2d 627 (1953)

FRATT v. ROBINSON et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 14, 1953.

Attorney(s) appearing for the Case

Scarborough & Harris, Arthur R. Harris, Tacoma, Wash., Metzger, Blair, Gardner & Boldt and George H. Boldt, Tacoma, Wash., for appellant.

Louis Loss, Associate Gen. Counsel, and Alexander Cohen, Special Counsel, Securities and Exchange Commission, Washington, D. C., for S. E. C., amicus curiae.

O. D. Anderson and J. P. Hunter, Everett, Wash., for all appellees except W. E. Difford.

Alfred J. Schweppe and M. A. Marquis, Seattle, Wash., for appellee, W. E. Difford.

Before MATHEWS, STEPHENS, and ORR, Circuit Judges.

STEPHENS, Circuit Judge.

It is alleged in the complaint which was filed in the United States District Court, that the defendants-appellees acquired corporate stock from the plaintiff-appellant through fraudulent representations by the use of the United States mails, the telephone, and other means and instrumentalities of interstate commerce; thus violating Securities Exchange Commission's Rule X-10B-5 which implements § 10 of the Securities Exchange Act of 1934...

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