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CROWLEY v. MONTGOMERY WARD & CO., INC.

No. 74-1476.

570 F.2d 875 (1975)

Vern CROWLEY, Richard Mansfield, Jerry Wall, Douglas Barton, Jayne Barton, William Dubois, Wendell Winegar, and David Dittman, Plaintiffs-Appellants, v. MONTGOMERY WARD & CO., INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 14, 1975.

Attorney(s) appearing for the Case

M. Richard Walker, Salt Lake City, Utah (Robert J. Debry, Salt Lake City, Utah, on the brief), for plaintiffs-appellants.

Dennis McCarthy, Salt Lake City, Utah (Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, on the brief), for defendant-appellee.

Before LEWIS, Chief Judge, and BREITENSTEIN and BARRETT, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this class action the plaintiffs-appellants claim that defendant-appellee Montgomery Ward & Co. violated the Securities Act of 1933, 15 U.S.C. § 77a et seq., and the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., by the issuance of a "Catalog Sales Agency Agreement." The district court sustained a motion to dismiss on the ground that the agency agreement was not a security. We reverse.

The record consists...

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