FINANCIAL INDUS. FUND, INC. v. McDONNELL DOUGLAS CORP.

Nos. 71-1387-71-1389.

474 F.2d 514 (1973)

FINANCIAL INDUSTRIAL FUND, INC., a Maryland corporation, Plaintiff-Appellee, v. McDONNELL DOUGLAS CORPORATION, a Maryland corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 20, 1973.

Rehearing Denied April 5, 1973.


Attorney(s) appearing for the Case

Edwin S. Kahn, Denver, Colo. (James L. White, John Fleming Kelly, and Bruce W. Sattler, Denver, Colo., and Holland & Hart, Denver, Colo., of counsel, with him on the briefs), for defendant-appellant.

Leland E. Modesitt, Denver, Colo. (John J. King, Jr., Ward E. Terry, Jr., and Richard H. Shaw, Denver, Colo., with him on the briefs), for plaintiff-appellee.

Before LEWIS, Chief Judge, and HILL, SETH, HOLLOWAY and BARRETT, Circuit Judges, sitting en banc (McWILLIAMS and DOYLE, Circuit Judges, having recused themselves).


PER CURIAM.

The plaintiff, Financial Industrial Fund, Inc., a mutual fund or management investment company, brought this damage action against McDonnell Douglas Corporation, and against the underwriter of Douglas, Merrill Lynch, Pierce, Fenner & Smith, Inc. The action is based on Rule 10b-5 of the Securities and Exchange Commission. Trial was to a jury which rendered verdicts against the defendants in the amount of $712,500.00. An appeal was taken initially by...

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