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MOLEVER v. LEVENSON

Nos. 75-1107, 75-1108.

539 F.2d 996 (1976)

Irving M. MOLEVER et al., Appellees, v. Robert LEVENSON et al., Appellants, and The Bank of Wheeling, a West Virginia Corporation, Defendant. Irving M. MOLEVER et al., Appellants, v. Robert LEVENSON et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1976.

Attorney(s) appearing for the Case

Stanley F. Preiser, Charleston, W. Va. (W. Stuart Calwell, Jr., Preiser & Wilson, Charleston, W. Va., on brief), for appellants in No. 75-1108 and for appellees in No. 75-1107.

Harold Ungar, Washington, D. C. (Francis X. Grossi, Jr., Williams, Connolly & Califano, Washington, D. C., on brief), for appellants in No. 75-1107 and appellees in No. 75-1108.

Before BRYAN, Senior Circuit Judge, and BUTZNER and RUSSELL, Circuit Judges.

ALBERT V. BRYAN, Senior Circuit Judge:

These are appeals in three actions consolidated for trial, arising during 1963-1968 in the internal economy of the Bank of Wheeling, West Virginia. They embrace claims for damages flowing from these transactions:

(1) In one action, designated herein as the Rule 10b-5 case, the sale, upon default in payment of the note, of a block of shares of the Bank's stock pledged by one stockholder as collateral for a loan from a...

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