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MADER v. ARMEL

No. 17976.

19 Ohio Misc. 97 (1968)

MADER ET AL., APPELLANTS, v. ARMEL ET AL., APPELLEES.

United States Court of Appeals, Sixth Circuit.

Decided October 29, 1968.

Attorney(s) appearing for the Case

Mr. Lyman Brown field. Mr. Phillip K. Folk. Mr. Victor S. Krupman and Mr. Thomas Hackett for appellants.

Mr. A. A. Sommer. Jr., and Mr. Robert H. Hoffman, for appellees.

Mr. Bitner Browne and Mr. Richard J. Custick, for S. O.Nolte.

Mr. John L. Davies and Mr. Richard J. Cusick, for Gilman D. Kirk.

Mr. Larry II. Snyder and Mr. Richard J. Cusick, for Todd Tibbals.

Mrs. Katheleen K. Haase, for Robert E.S. Young.

Mr. Sidney D. Griffith and Mr. Andrew T. Jones, for Jay W. Kent, Jr., Executor of the state of Jay W. Kent, Sr.

Before WEICK, Chief Judge and EDWARDS and COMBS, Circuit Judges.

WEICK, Chief Judge.

The controversy here grew out of the merger of Certified Mortgage Corporation (Mortgage) into Certified Credit Corporation (Credit).

The principal issue in the case is whether the merger of the two Ohio corporations involved a sale of securities within the meaning of Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 adopted by the Securities and Exchange Commission.1 The District

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