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BALLARD & CORDELL CORP. v. ZOLLER & DANNEBERG

No. 75-1900.

544 F.2d 1059 (1976)

The BALLARD & CORDELL CORPORATION, Plaintiff-Appellee, v. ZOLLER & DANNEBERG EXPLORATION, LTD. and Zoller & Danneberg, Inc., Defendants-Appellants and Counter-Plaintiffs-Appellants, v. Wiley P. BALLARD, Jr. and Robert R. Durkee, Additional Defendants-Appellees on Counterclaim.

United States Court of Appeals, Tenth Circuit.

Decided November 11, 1976.

Rehearing Denied December 13, 1976.

Attorney(s) appearing for the Case

William R. Fishman, Denver, Colo. (David H. Drennen, Denver, Colo., on the brief), for appellants.

Jeffrey L. Smith, Denver, Colo. (Marshall W. Taylor, Denver, Colo., on the brief), of counsel; Seawell, Cohen & Sachs, Denver, Colo., for appellees.

Before McWILLIAMS, BREITENSTEIN and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Zoller & Danneberg Exploration, Ltd. and Zoller & Danneberg, Inc., defendants and counterclaimants below, hereinafter collectively referred to as ZDI, appeal from two orders of the District Court, to-wit: (1) the order of October 9, 1974, dismissing certain affirmative defenses and counterclaims of ZDI alleged to arise under § 12(2) of the Securities Act of 1933 and § 10(b) of the Securities Exchange Act of 1934 and Rule 10b...

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