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BIZZELL v. HEMINGWAY

No. 75-2381.

548 F.2d 505 (1977)

Harry L. BIZZELL, Jr., et al., Appellees, v. Clifford E. HEMINGWAY, a/k/a C. E. Hemingway, and Fairco Drugs, Inc., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 3, 1977.

Attorney(s) appearing for the Case

W. Thomas Ray, Charlotte, N.C. (Durant Williams Escott, Charlotte, N.C., on brief), for appellees.

Wallace S. Osborne, Charlotte, N.C., for appellants.

Before HAYNSWORTH, Chief Judge, and BUTZNER and WIDENER, Circuit Judges.

BUTZNER, Circuit Judge.

Fairco Drugs, Inc., and Clifford Hemingway appeal the judgment of the district court holding them liable to Bizzell Pharmacy, Inc., Harry L. Bizzell, and Harry L. Bizzell, Jr., for securities fraud and breach of contract.1 Fairco and Hemingway contend that the bankruptcy court had exclusive jurisdiction over the Bizzell claims and that the claims based on the Securities Act of 1933 were barred by the statute of...

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