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BOEHNEN v. WALSTON & CO., INC.

Civ. No. 71-75S.

358 F.Supp. 537 (1973)

Lloyd L. BOEHNEN, Plaintiff, v. WALSTON & CO., INC., a corporation, and James Nissan, Defendants.

United States District Court, D. South Dakota, S. D.

May 4, 1973.

Attorney(s) appearing for the Case

Harold C. Doyle, of May, Johnson & Burke, Sioux Falls, S. D., and Richard B. Solum, of Henson & Tully, Minneapolis, Minn., for plaintiff.

Carleton R. Hoy, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for defendants.

Julian H. Brown, Asst. Atty. Gen., Pierre, S. D., for applicants for intervention.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Pursuant to Rule 56, Fed.R.Civ. P., plaintiff, Lloyd L. Boehnen, has moved for summary judgment in his suit against Walston & Co., Inc., a securities dealer, and James Nissan, its agent. Federal jurisdiction is alleged pursuant to the Securities and Exchange Act of 1934, 15 U.S.C. Secs. 78, 78aa, as amended. In addition, jurisdiction is purportedly established under 28 U.S.C. Sec. 1332, as a diversity suit.

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