DUPUY v. DUPUY

No. 74-2170.

511 F.2d 641 (1975)

Milton E. DUPUY, Plaintiff-Appellant, v. Clarence O. DUPUY, Jr., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 14, 1975.


Attorney(s) appearing for the Case

C. Ellis Henican, Jr., Carl W. Cleveland, New Orleans, La., for plaintiff-appellant.

Milton E. Brener, New Orleans, La., for defendant-appellee.

Before DYER, MORGAN and GEE, Circuit Judges.


DYER, Circuit Judge:

This appeal presents a narrow question of law—Does the making of intrastate telephone calls satisfy the jurisdictional requirement of "use of any means or instrumentality of interstate commerce" found in § 10 of the Securities Exchange Act of 1934, 15 U.S.C.A. § 78j, and Securities and Exchange Commission Rule 10b-5, 17 C.F.R. 240.10b-5. The district court held that it did not, and granted the defendant's motion for summary...

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