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KUEHNERT v. TEXSTAR CORPORATION

No. 26015.

412 F.2d 700 (1969)

Albert E. KUEHNERT, Appellant, v. TEXSTAR CORPORATION et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied and Rehearing Denied July 2, 1969.

Attorney(s) appearing for the Case

Seymour Lieberman, Herbert Finkelstein, Houston, Tex., for appellant.

John C. Snodgrass, Richard P. Keeton, Houston, Tex., for the Texstar Corp.

J. Burleson Smith, Eugene B. Labay, San Antonio, Tex., for William T. Rhame; Vinson, Elkins, Weems & Searls, Houston, Tex., Cox, Smith, Smith, Hale & Guenther, San Antonio, Tex., of counsel.

Before ALDRICH, GODBOLD, and DYER, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied July 2, 1969.

ALDRICH, Circuit Judge:

Plaintiff Kuehnert brought suit in the district court pursuant to section 10(b) of the Securities and Exchange Act, 15 U.S.C. § 78j (b), and more particularly the Commission's Rule 10b-5,1 against W. T. Rhame, a former president of Texstar Corporation, a Texas corporation, sometimes hereinafter the company, and against Texstar itself. After...

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