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ROCHEZ BROS., INC. v. RHOADES

Nos. 73-1257, 73-1258.

491 F.2d 402 (1974)

ROCHEZ BROS., INC., a Pennsylvania corporation, Appellant in No. 73-1257, v. Charles R. RHOADES, Appellant in No. 73-1258, and M S & R Inc., a Pennsylvania corporation.

United States Court of Appeals, Third Circuit.

Decided December 21, 1973.

As Amended January 28, 1974.

Rehearing Denied January 29, 1974.

Attorney(s) appearing for the Case

Ralph S. German, William S. Smith, Houston, Cooper, Speer & German, Pittsburgh, Pa., for Rochez Bros., Inc.

W. Gregg Kerr, Jr., C. Kent May, David E. Tungate, David L. Parmer, Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for Charles R. Rhoades.

Edmund S. Ruffin, III, Peter G. Veeder, Thorp, Reed & Armstrong, Pittsburgh, Pa., for M S & R, Inc.

Before HASTIE, VAN DUSEN and ADAMS, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

In these appeals both parties seek reversal of district court, 353 F.Supp. 795 orders granting judgment with damages against an individual defendant, Charles R. Rhoades, in an action under section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b),1 and Rule 10b-52 of the Securities and Exchange...

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