MORGAN v. KOCH

No. 17447.

419 F.2d 993 (1969)

Margaret MORGAN, Plaintiff-Appellant, v. Walter G. KOCH, Ivan H. Morgan, Morgan Packing Co., Inc., Herman C. Krannert and Inland Container Corp., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 29, 1969.


Attorney(s) appearing for the Case

John P. Price, Robert A. Rose, Indianapolis, Ind., George N. Craig, Brazil, Ind., Klineman, Rose & Wolf, Hamill & Price, Indianapolis, Ind., of counsel, for appellant.

Telford B. Orbison, James E. Bourne, New Albany, Ind., Fred P. Bamberger, Evansville, Ind., Theodore R. Dann, Douglass R. Shortridge, Indianapolis, Ind., Bamberger, Foreman, Oswald & Hahn, Evansville, Ind., Orbison, Rudy & O'Connor, New Albany, Ind., McHale, Cook & Welch, Dann, Backer, Pecar & Newman, Indianapolis, Ind., of counsel, for appellees.

Before KILEY, FAIRCHILD and CUMMINGS, Circuit Judges.


CUMMINGS, Circuit Judge.

This action was for violation of Section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)) and SEC Rule 10b-5 and for fraud under the common law of Indiana. The only question we find necessary to decide is whether the action is barred by the Indiana 6-year statute of limitations governing suits for fraud.

In the original complaint, the plaintiff sought rescission of the sale of her stock in defendant Morgan Packing...

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