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SCHILLECI v. GUARANTY SAVINGS LIFE INSURANCE CO.

Civ. A. No. 69-404, 69-500.

367 F.Supp. 903 (1973)

Vincent J. SCHILLECI et al., Plaintiffs, v. GUARANTY SAVINGS LIFE INSURANCE COMPANY, Defendant. Vincent J. SCHILLECI et al., Plaintiffs, v. GENERAL UNITED LIFE INSURANCE COMPANY, Defendant.

United States District Court, N. D. Alabama, S. D.

July 2, 1973.

Attorney(s) appearing for the Case

J. Vernon Patrick, Jr. and Howard P. Walthall of Berkowitz, Lefkovits & Patrick, Birmingham, Ala., for plaintiffs.

Champ Lyons, Jr. and L. Lister Hill of Capell, Howard, Knabe & Cobbs, Montgomery, Ala., Robert R. Reid, Jr., of Bradley, Arant, Rose & White, Birmingham, Ala., for defendants.

ORDER

LYNNE, Senior District Judge.

These actions have come on for decision on the motions of the defendants to dismiss those aspects of the complaints alleging violations of Rule 10b-5 under the Securities Exchange Act of 1934, as amended, which motions, under Rule 12(b), Fed.R.Civ.P., are being treated as motions for summary judgment. The specific ground of those motions now before the Court is that the actions...

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