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AETNA STATE BANK v. ALTHEIMER

No. 17978.

430 F.2d 750 (1970)

AETNA STATE BANK, Plaintiff-Appellant, v. Alan Milton ALTHEIMER, Administrator with the will annexed of the Estate of Milton L. Altheimer, Deceased, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

July 20, 1970.

Attorney(s) appearing for the Case

Charles J. O'Laughlin, Chicago, Ill., Joan M. Hall, Jenner & Block, Chicago, Ill., for plaintiff-appellant.

Edgar Bernhard, Merrill A. Freed, Chicago, Ill., for defendant-appellee, D'Ancona, Pflaum, Wyatt & Riskind, Chicago, Ill., of counsel.

Before SWYGERT, Chief Judge, PELL, Circuit Judge and DOYLE, District Judge.

PELL, Circuit Judge.

The plaintiff-appellant, Aetna State Bank, filed this action in the district court, alleging violation of Rule 10b-5 of the Securities and Exchange Commission on the part of the defendant-appellee's decedent, Milton L. Altheimer. This is an appeal from an order entered by the court below on July 31, 1969 granting the motion of the defendant Administrator for abatement and dismissal of the action.

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