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NICKELS v. KOEHLER MANAGEMENT CORP.

Nos. 75-1684, 75-2200.

541 F.2d 611 (1976)

Charles NICKELS, Margaret Nickels, on behalf of themselves and all other shareholders of Koehler Management Corporation, Plaintiffs-Appellants, v. KOEHLER MANAGEMENT CORP., et al., Defendants-Appellees. Rhoda V. McINTYRE, Individually and as a representative of a class, Plaintiff-Appellee, v. The FIRST NATIONAL BANK OF CINCINNATI, Individually and as agent, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 2, 1976.

Attorney(s) appearing for the Case

Dennis E. Murray, James Kimbler, Murray & Murray Co., Sandusky, Ohio, for plaintiffs-appellants.

Stanley Goodman, (Eisenhauer, Gillmor, Goodman, Janis, Johnston, Siegel, Fischer) Goodman & Goodman, Cincinnati, Ohio, for Koehler Management Corp.

Eugene N. Balk, Toledo, Ohio, for Ray Molder and Alfred Rhoden, M.D.

Robert B. Gosline, Shumaker, Loop & Kendrick, Toledo, Ohio, for Schuster.

Louis Hattner, Spengler, Nathanson, Heyman, McCarthy & Durfee, Toledo, Ohio, for Gerald Koehler.

Robert W. Rowley, Toledo, Ohio, for Roger Benham.

L. Clifford Craig, Taft, Stettinius & Hollister, Cincinnati, Ohio, Chapman & Cutler, Chicago, Ill., for First Nat. Bank of Chicago.

Thomas L. Conlan, Kyte, Conlan, Wulsin & Vogeler, Frederick J. McGavran, Cincinnati, Ohio, for Rhoda McIntyre.

Before PECK, McCREE and MILLER, Circuit Judges.

McCREE, Circuit Judge.

We consolidated these two appeals because they present the same question: what statute of limitations should be applied in an action in a United States District Court in Ohio based upon Rule 10b-5, § 10(b) of the Securities Exchange Act of 1934, and § 17(a) of the Securities Act of 1933. In case No. 75-2200, McIntyre v. First National Bank of Cincinnati, the District Court for the Southern District of Ohio, Western Division...

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