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ROCHEZ BROS. INC. v. RHOADES

Civ. A. No. 68-1048.

353 F.Supp. 795 (1973)

ROCHEZ BROS. INC., a Pennsylvania corporation, Plaintiff, v. Charles R. RHOADES et al., Defendants.

United States District Court, W. D. Pennsylvania.

January 24, 1973.

Attorney(s) appearing for the Case

Ralph German, Pittsburgh, Pa., for Rochez Bros. Inc.

W. Gregg Kerr, Pittsburgh, Pa., for Rhoades.

Edmund S. Ruffin, Pittsburgh, Pa., for M. S. & R. Inc.

OPINION

DUMBAULD, District Judge.

This is an action alleging violation of Rule 10b-5 promulgated by the Securities and Exchange Commission. (A claim for fraud under Pennsylvania law is annexed on the theory of pendent jurisdiction.1) That rule reads as follows:

It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate...

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