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CITY NATIONAL BANK OF FORT SMITH, ARK. v. VANDERBOOM

Nos. 19550-4.

422 F.2d 221 (1970)

The CITY NATIONAL BANK OF FORT SMITH, ARKANSAS, a National Banking Association, Appellee, v. Ilo VANDERBOOM, DeHaan Livestock & Grain Farms, Inc., a South Dakota Corporation, Andy D. DeHaan, Kenneth J. DeHaan and Lyle R. DeHaan, H. T. Ringling, James Nachtigal, and Robert Carter, Appellants.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied March 20, 1970.

Attorney(s) appearing for the Case

William M. Stocks, of Bethell, Stocks, Callaway & King, Fort Smith, Ark., on brief for appellants.

Don A. Smith, Fort Smith, Ark., for appellee; Thomas Harper, Fort Smith, Ark., on the brief.

Before MEHAFFY, GIBSON and HEANEY, Circuit Judges.

GIBSON, Circuit Judge.

The appellants, a group of investors from South Dakota, sought in the District Court to recover on individual counterclaims, hereinafter referred to as counterclaim, predicated on alleged fraudulent misrepresentations in the sale of corporate stock. The appellee's claims on bank loans were admitted. Appellants allege both common law fraud and fraud proscribed by Section 10(b) of the Securities Exchange Act of 19341

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