HATHAWAY, Chief Judge.
Irving L. Baker filed an action against Walston & Company, Inc., charging that the defendant fraudulently induced him to purchase United States Vitamin and Pharmaceutical Corporation (hereinafter referred to as UVT) stock on the misrepresentation that a corporate merger was pending. Baker alleged that he purchased 2,100 shares of said stock from November 6, 1961 through April, 1962, for the sum of $80,434.72 and sold the stock for $58,183...
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