SPERRY v. BARGGREN

No. 74-1900.

523 F.2d 708 (1975)

Virginia W. SPERRY, Special Administrator of the Estate of Paul A. Munn, Deceased, and Ida Munn, Plaintiffs-Appellants, v. Edwin R. BARGGREN and Edwin D. Barggren, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 1975.

Rehearing Denied September 17, 1975.


Attorney(s) appearing for the Case

David L. Walther, Milwaukee, Wis., Richard W. Westring, Green Bay, Wis., for plaintiffs-appellants.

William B. Graves, Milwaukee, Wis., for defendants-appellees.

Before TONE and BAUER, Circuit Judges, and CAMPBELL, Senior District Judge.


TONE, Circuit Judge.

This is an appeal from a summary judgment sustaining the defense of the statute of limitations in an action under section 10(b) of the Securities Act of 1934, 15 U.S.C. § 78j(b), and S.E.C. regulation 10b-5, 17 C.F.R. § 240.10b-5. The principal question presented is whether there is a genuine issue of fact requiring trial.

The pleadings, depositions, and affidavits show the following uncontroverted facts:

The late Paul...

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