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G & M, INC. v. NEWBERN

Nos. 71-2561, 72-1287.

488 F.2d 742 (1973)

G & M, INC., a corporation, Plaintiff-Appellee, v. R. B. NEWBERN, Defendant-Appellant (two cases).

United States Court of Appeals, Ninth Circuit.

October 9, 1973.

Attorney(s) appearing for the Case

Jack H. Cairns (argued), Portland, Ore., Nels Peterson, of Peterson, Chaivoe & Peterson, Portland, Ore., for defendant-appellant in No. 71-2561.

Bruce M. Hall (argued), Kenneth M. Novack, Gerard K. Drummond, of Rives, Bonyhadi & Hall, Portland, Ore., Robert E. Heaton, of Short, Cressman, & Cable, Seattle, Wash., for plaintiff-appellee in No. 71-2561.

David M. Brown (argued), Robert Sarno, of Fleishman, McDaniel, Brown & Weston, Hollywood, Cal., for defendant-appellant in No. 72-1287.

Robert C. Bonner, Asst. U. S. Atty. (argued), William D. Keller, U. S. Atty., Eric A. Nobles, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee in No. 72-1287.

Before DUNIWAY, ELY, and WRIGHT, Circuit Judges.

OPINION

DUNIWAY, Circuit Judge:

These appeals arise from the same case, and were heard together, although they were separately briefed.

1. The Appeal in No. 71-2561.

This is an appeal from a final judgment. We affirm.

In March of 1968, plaintiff-appellee G & M, Inc. purchased about 104,000 shares of the stock of Gas-Ice Corp. from defendant-appellant R. B. Newbern (about 21,000 shares), his wife (about 49,000 shares)...

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