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HANRATY v. OSTERTAG

No. 72-1455.

470 F.2d 1096 (1972)

P. J. HANRATY, Plaintiff-Appellant, v. R. M. OSTERTAG et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 24, 1973.

Attorney(s) appearing for the Case

George F. Saunders, Oklahoma City, Okl. (Milton R. Elliott, Oklahoma City, Okl., on the brief), for plaintiff-appellant.

Robert W. Henry, Clayton, Mo. (Wilbur A. Sale, St. Louis, Mo., on the brief), for defendants-appellees.

Before BREITENSTEIN, SETH and HOLLOWAY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This case presents procedural and jurisdictional problems. The trial court dismissed the action, and this appeal followed. The complaint, filed on October 7, 1970, contains three counts. The first is based on breach of contract, the second on common law fraud, and the third on violations of § 17 of the Securities Act of 1933, as amended, 15 U.S.C. § 77q, and § 10(b) of the Securities Exchange Act of 1934, as amended, 15...

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