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HAMILTON JEWELERS v. DEPARTMENT OF CORPORATIONS

Docket No. 14067.

37 Cal.App.3d 330 (1974)

112 Cal. Rptr. 387

HAMILTON JEWELERS, Plaintiff and Respondent, v. DEPARTMENT OF CORPORATIONS et al., Defendants and Appellants.

Court of Appeals of California, Third District.

February 15, 1974.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, and Walter J. Wiesner, Deputy Attorney General, for Defendants and Appellants.

Richard M. Buxbaum as Amicus Curiae on behalf of Defendants and Appellants.

Arnold, Brownston & White and John Brownston for Plaintiff and Respondent.

OPINION

JANES, J.

Defendants, the state Department of Corporations and its commissioner (hereinafter, collectively, "the Department"), appeal from a declaratory judgment that a diamond sales promotional plan which was advertised and successfully used by plaintiff Hamilton Jewelers (hereinafter, "Hamilton") did not constitute the offer or sale of a "security" as defined in section 25019...

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