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BAILES v. COLONIAL PRESS, INC.

No. 29048.

444 F.2d 1241 (1971)

George Lewis BAILES, Jr., as Trustee in Bankruptcy of American Southern Publishing Company, Inc., a corporation, Bankrupt, Plaintiff-Appellant, v. COLONIAL PRESS, INC., et al., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 15, 1971.

Attorney(s) appearing for the Case

R. Clifford Fulford, Max Pope, Birmingham, Ala., for plaintiff-appellant; Levine, Fulford & Pope, Birmingham, Ala., of counsel.

Walter Mims, George Case, Jr., David J. Vann, A. Berkowitz, R. B. Jones, Birmingham, Ala., E. W. Skidmore, Tuscaloosa, Ala., for defendants-appellees; Berkowitz, Lefkovits & Patrick, Bainbridge & Mims, McGowen & McGowen, Birmingham, Ala., of counsel.

Before RIVES, WISDOM and GODBOLD, Circuit Judges.

RIVES, Circuit Judge:

This appeal is from a judgment granting the defendants' motions to dismiss the complaint of the plaintiff Trustee in Bankruptcy of American Southern Publishing Company, Inc. Jurisdiction of the district court was invoked under Section 27 of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78aa.1 The complaint seeks to recover damages under Section 10(b) of that Act, 15 U.S.C.A. § 78j(b),

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