HILGEMAN v. NATIONAL INSURANCE COMPANY OF AMERICA

No. 30707.

444 F.2d 446 (1971)

Edward W. HILGEMAN, on behalf of himself and all other purchasers of "Security Charter Contracts" issued and sold by National Insurance Company of America, Plaintiff-Appellant, v. NATIONAL INSURANCE COMPANY OF AMERICA, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 16, 1971.


Attorney(s) appearing for the Case

F. Don Siegal, J. Vernon Patrick, Jr., Howard P. Walthall, Birmingham, Ala., for plaintiff-appellant; Berkowitz, Lefkovits & Patrick, Birmingham, Ala., of counsel.

Alan W. Heldman, Birmingham, Ala., for defendants-appellees; Deramus, Johnston, Barton, Proctor & Swedlaw, Birmingham, Ala., of counsel.

William M. Acker, Jr., A. Lamar Reid, George R. Stuart, III, Birmingham, Ala., for amicus curiae, State Security Life Ins. Co.; Smyer, White, Reid & Acker, Birmingham, Ala., of counsel.

Before JOHN R. BROWN, Chief Judge and COLEMAN and CLARK, Circuit Judges.


CLARK, Circuit Judge:

Edward W. Hilgeman, plaintiff-appellant, filed a complaint based upon Section 22 of the Securities Act of 19331 and Section 27 of the Securities Exchange Act of 19342 for himself and purportedly on behalf of approximately one thousand persons who bought a Security Charter Contract from the National Insurance Company of America (NICOA), a North Dakota corporation. The instrument was purchased...

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