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WHITTAKER v. WALL

No. 15293.

226 F.2d 868 (1955)

C. C. WHITTAKER, Sr., and Pay Rock Oil, Inc., Appellants, v. William G. WALL and Doris I. Wall and A. J. Wagner, Real Name Unknown, Appellees.

United States Court of Appeals Eighth Circuit.

November 8, 1955.

Attorney(s) appearing for the Case

Warren K. Dalton, Lincoln, Neb. (Robert Van Pelt and Van Pelt, Marti & O'Gara, Lincoln, Neb., with him on the brief), for appellants.

Frederick M. Deutsch, Norfolk, Neb. (Deutsch & Jewell, Norfolk, Neb., with him on the brief), for appellees Wall.

William H. Timbers, Gen. Counsel, Alexander Cohen, Sp. Counsel, Elizabeth B. A. Rogers, Atty., Securities and Exchange Commission, Washington, D. C., filed brief as amicus curiae.

Before WOODROUGH, JOHNSEN and VOGEL, Circuit Judges.

VOGEL, Circuit Judge.

Appellees Wall commenced this action against A. J. Wagner, Pay Rock Oil, Inc. and C. C. Whittaker, Sr., under the Securities Act of 1933, 15 U.S.C.A. § 77a et seq., to recover the consideration paid by them for unregistered fractional interests in oil and gas leases. From an adverse judgment C. C. Whittaker and Pay Rock Oil, Inc., appeal.

Pay Rock Oil, Inc., a Delaware corporation, whose...

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