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CARROLL v. FIRST NATIONAL BANK OF LINCOLNWOOD

No. 17154.

413 F.2d 353 (1969)

CARROLL et al., Plaintiffs-Appellants, v. FIRST NATIONAL BANK OF LINCOLNWOOD, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

June 27, 1969.

Attorney(s) appearing for the Case

John J. Enright, Sidney R. Zatz, Arvey, Hodes & Mantynband, Chicago, Ill., for appellants.

David Ferber, Securities & Exchange Commission, Washington, D. C., Philip A. Loomis, Jr., General Counsel, Frank N. Fleischer, Atty., Securities and Exchange Commission, Washington, D. C., amici curiae.

William J. Harte, Martin S. Gerber, Chicago, Ill., for appellee.

Before DUFFY, Senior Circuit Judge, and FAIRCHILD and CUMMINGS, Circuit Judges.

CUMMINGS, Circuit Judge.

The principal issue presented by this appeal is whether the amended complaint adequately states claims against the First National Bank of Lincolnwood, Illinois (the "Bank"), under Section 10(b), of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)) and Rule 10b-5 of the Securities and Exchange Commission (17 C.F.R. 240.10b-5). The district court dismissed this pleading with respect to the Bank for failure to state a claim upon which...

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