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McGREGOR v. H. L. H. ENTERPRISES, INC.

No. 72-1245.

470 F.2d 188 (1972)

A. W. McGREGOR and Kervin E. Jacob, Plaintiffs-Appellees-Appellants, v. H. L. H. ENTERPRISES, INC., Defendant-Appellee, J. W. Rooks and Harry L. Chambers, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 17 and February 21, 1973.

Attorney(s) appearing for the Case

Bob Heath, Robert F. Hyatt, III, Houston, Tex., for Harry L. Chambers.

Joe Turner, Houston, Tex., for J. W. Rooks.

Morton Susman, Houston, Tex., for McGregor & Jacob.

Before TUTTLE, WISDOM and SIMPSON, Circuit Judges.

PER CURIAM:

This is an appeal from a judgment, following a jury verdict in favor of the appellees, McGregor and Jacob, resulting from a suit filed by them under Section 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C.A. Sec. 78j.1

We conclude that there is no merit in either the contention of appellants (1) that an instrumentality of interstate commerce was not utilized either "directly or indirectly"; (2) that there...

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