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AHRENS v. AMERICAN-CANADIAN BEAVER CO.

No. 71-1562.

458 F.2d 607 (1972)

Richard D. AHRENS and Jeanne Ahrens, his wife, et al., Plaintiffs-Appellees, v. AMERICAN-CANADIAN BEAVER CO., Inc., a corporation, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 16, 1972.

Attorney(s) appearing for the Case

Everett E. Dahl, Midvale, Utah, for defendants-appellants.

Alfred J. Schweppe, of Schweppe, Doolittle, Krug, Tausend, Beezer & Beierle, Seattle, Wash. (Richard C. Dibblee, of Rawlings, Roberts & Black, Salt Lake City, Utah, and Kenneth E. Rekow, of Schweppe, Doolittle, Krug, Tausend, Beezer & Beierle, Seattle, Wash., on the brief), for plaintiffs-appellees.

Before CLARK, Associate Justice, and HILL and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This action was brought pursuant to the Securities Exchange Act of 1934 and the Securities Act of 1933. The 1934 Act is 15 U.S.C. § 78j(b). The Act of 1933 is 15 U.S.C. § 77q(a). However, the case was tried and submitted to the jury under Rule 10B-5, promulgated pursuant to the 1934 Act. The security involved is a beaver investment contract which has heretofore been held to be a security by this court.1...

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