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COOPER v. GARZA

No. 28191 Summary Calendar.

431 F.2d 578 (1970)

Gail E. COOPER, Plaintiff-Appellant, v. Vicente V. GARZA, Jr., Ramon Zertuche, Vir Warehouse Co., Inc., Cindy, Inc., Garza and Garza Corporation, H. C. Hall, III and Alfonso Cassell, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 10, 1970.

Attorney(s) appearing for the Case

Marvin Jones, Dallas, Tex., Bruce W. Bowman, Jr., Dallas, Tex., for appellant Gail E. Cooper; Turner, Rodgers, Winn, Scurlock & Terry, Dallas, Tex., of counsel.

William P. Fonville, Dallas, Tex., Hall & Juarez, Horace C. Hall, III, Elmore H. Borchers, Laredo, Tex., for appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

The plaintiff brought this action1 under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) and SEC Rule 10b-5, 17 C.F.R. § 240.10b-5.2 The district court held that it lacked jurisdiction of the subject matter because the plaintiff failed to allege that the fraud occurred in connection with the purchase or sale of any security...

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