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UPDEGRAVE v. RELIANCE NATIONAL INVESTORS CORPORATION

No. 19233.

337 F.2d 604 (1964)

William UPDEGRAVE and Lulu Updegrave, husband and wife, Dave Eterno and Bertha Eterno, husband and wife, Harvey W. Kring, Jack Mathis, Edwin G. Schacher, W. Glenn Huston, Thomas Itami, George Chladek and Lilly Chladek, husband and wife, Appellants, v. RELIANCE NATIONAL INVESTORS CORPORATION, a corporation, and Frank B. Salisbury, Appellees.

United States Court of Appeals Ninth Circuit.

October 19, 1964.

Attorney(s) appearing for the Case

Fredric A. Yerke, Jr., Harvey C. Barragar, King, Miller, Anderson, Nash & Yerke, Portland, Or., for appellants.

Donald W. McEwen, Cake, Jaureguy, Hardy, Buttler & McEwen, Portland, Or., for appellees.

Before BASTIAN, JERTBERG and MERRILL, Circuit Judges.

MERRILL, Circuit Judge:

Appellees have brought this suit for rescission of an agreement for exchange of stock, alleging fraudulent representations of one Giles H. Florence, made as agent of appellants. The District Court decided in favor of appellees. The agreement was ordered rescinded and the appellants were directed to deliver up for cancellation the stock certificates of appellees which had been issued in accordance with the agreement. This appeal followed.

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