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PHILLIPS v. ALABAMA CREDIT CORPORATION

No. 25331.

403 F.2d 692 (1968)

James M. PHILLIPS, Appellant, v. ALABAMA CREDIT CORPORATION d/b/a Fidelity Securities Corporation, Appellee.

United States Court of Appeals Fifth Circuit.

November 25, 1968.

Attorney(s) appearing for the Case

Thomas M. Haas, Mobile, Ala., for appellant.

Willis C. Darby, Jr., Kilborn, Darby & Kilborn, Mobile, Ala., for appellee.

Before JOHN R. BROWN, Chief Judge, and RIVES and McENTEE, Circuit Judges.

PER CURIAM:

Phillips appeals from a directed verdict in favor of Alabama Credit Corp. on three counts of securities fraud in violation of §§ 12(2), 17 of the Securities Act of 1933, 15 U.S.C.A. §§ 77l(2), 77q, and the Alabama misrepresentation statute, 7 Ala.Code § 108 (1958).1

Phillips offered no evidence to contradict the overwhelming proof that he committed the fraudulent acts. The only evidence...

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