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ALLEN v. H. K. PORTER CO.

No. 71-1110.

452 F.2d 675 (1971)

John T. ALLEN, Jr., et al., Plaintiffs-Appellants, v. H. K. PORTER CO., Inc., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 20, 1971.

Attorney(s) appearing for the Case

Thomas C. Seawell, Denver, Colo. (Bruce Ducker, Denver, Colo., with him on the brief), for plaintiffs-appellants.

Donald C. McKinlay, Denver, Colo. (Richard G. Wohlgenant and Brian D. Fitzgerald, Denver, Colo., with him on the brief), for defendant-appellee.

Before PICKETT, HILL and BARRETT, Circuit Judges.

PICKETT, Circuit Judge.

This action was brought by Boettcher and Company,1 some of its partners and customers. They seek damages from appellee H. K. Porter Company, Inc. for an alleged violation of Rule 10b-5 promulgated under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b). The essence of the complaint is that the Porter Company, in soliciting the purchase of subordinated debentures issued by Pacific Asbestos...

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