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MANOR DRUG STORES v. BLUE CHIP STAMPS

No. 71-2223.

492 F.2d 136 (1973)

MANOR DRUG STORES and all other users of Blue Chips Stamps who were entitled but failed to purchase stock of Blue Chip Stamps, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. BLUE CHIP STAMPS, a corporation, et al., Defndants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing and Rehearing April 1, 1974.

Attorney(s) appearing for the Case

J. J. Brandlin (argued), James E. Ryan (argued), Ray E. McAllister (argued), Los Angeles, Cal., for defendants-appellants.

Thomas J. Ready (argued), Allyn O. Kreps, Michael D. Zimmerman, of O'Melveny & Myers, G. Richard Doty (argued), Peter W. James, David T. Peterson, of McCutchen, Black, Verleger & Shea, Los Angeles, Cal., for plaintiffs-appellants.

G. Bradford Cook, Gen. Counsel, David Ferber, Solicitor, Richard E. Nathan, Asst. Gen. Counsel, Jerry W. Markham, Securities and Exchange Commn., Washington, D. C., for the amicus curiae.

Before BROWNING, HUFSTEDLER, and CHOY, Circuit Judges.

As Modified on Denial of Rehearing and Rehearing En Banc April 1, 1974.

OPINION

BROWNING, Circuit Judge:

The district court, 339 F.Supp. 35, dismissed appellants' complaint under section 10(b) of the Securities Exchange Act of 1934,1 15 U.S.C. § 78j(b), and Securities and Exchange Commission Rule 10b-5,2 claiming damages for alleged fraud in connection...

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