IN RE ALODEX CORP. SECURITIES LITIGATION

No. 75-1649.

533 F.2d 372 (1976)

In re ALODEX CORPORATION SECURITIES LITIGATION. Marlin COLE, Appellant, v. ALODEX CORPORATION, et al., Appellees. Constance N. BELIN and David W. Belin, Appellants, v. ALODEX CORPORATION, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 24, 1976.


Attorney(s) appearing for the Case

L. R. Voigts, Des Moines, Iowa, for appellants. Mr. Voigts also filed appendix, brief and reply brief. Other name appearing on briefs is Marvin J. Klass, Sioux City, Iowa.

James E. Tolan, Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, for appellees. Mr. Tolan also filed brief. Other names appearing on brief are Peter Aron, New York City, and Michael P. Joynt, Des Moines, Iowa.

Before GIBSON, Chief Judge, and HEANEY and WEBSTER, Circuit Judges.


PER CURIAM.

Plaintiffs, David Belin, Constance Belin and Marlin Cole appeal from a judgment of the District Court,1 which dismissed their action against defendants Harris, Kerr, Forster & Company (Harris), Alodex Corporation, and named individuals who had been affiliated with Alodex. Plaintiffs' action was premised upon § 10 of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (1970), and Rule 10b-5, 17 C.F.R. §...

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