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BLACKWELL v. BENTSEN

No. 14127.

203 F.2d 690 (1953)

BLACKWELL et al. v. BENTSEN et al.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 27, 1953.

Attorney(s) appearing for the Case

E. H. McIlheran, Smith, McIlheran & Smith, Weslaco, Tex., for appellants.

Roger S. Foster, Gen. Counsel, Securities & Exchange Commission, Alexander Cohen, Sp. Counsel, Washington, D. C., amici curiae.

Lloyd P. Lochridge, Jr., Mission, Tex., Sidney L. Farr and Jackson Littleton, Edinburg, Tex., Hill, Lochridge & King, Mission, Tex., Kelley, Looney, McLean & Littleton, Edinburg, Tex., for appellees.

Before HOLMES, RUSSELL and STRUM, Circuit Judges.

STRUM, Circuit Judge.

The basic question presented by this appeal is whether or not the district court erred in dismissing the complaint for lack of federal jurisdiction. This in turn involves two constituent questions: (1) Do the transactions described in the complaint constitute "investment contracts" as contemplated by section 2(1) of the Securities Act of 1933, 15 U.S.C.A. § 77b(1); and (2) Does the use of the mails in consummating these transactions entitle...

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