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PHILLIPS v. ALABAMA CREDIT CORPORATION

No. 25398.

403 F.2d 693 (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., Mobile, Ala., for appellee.

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

PER CURIAM:

Phillips appeals from summary judgment granted in favor of Alabama Credit Corp. Phillips was charged with violations 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 claims that fraudulent intent need be proved and that he was entitled to have the jury determine that issue. It is clear...

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