CROCKER-CITIZENS NAT. BANK v. CONTROL METALS CORP.

Nos. 75-2140 and 75-2955.

566 F.2d 631 (1977)

CROCKER-CITIZENS NATIONAL BANK, a National Banking Association, Plaintiff-Appellant, v. CONTROL METALS CORPORATION, Wayne Dougherty, William C. Ogle, Pete Buffo, Nat Rosenberg, James E. Mack, James H. Fors and George S. Smith, Defendants-Appellees. CROCKER-CITIZENS NATIONAL BANK, a National Banking Association, Plaintiff, Counter-Defendant-Appellant, v. Wayne DOUGHERTY, Counter-Claimant Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 24, 1978.


Attorney(s) appearing for the Case

Robert H. Edwards (argued) of MacDonald, Halsted & Laybourne, Los Angeles, Cal., for plaintiff-appellant.

Lawrence P. Grassini, Hurley & Grassini (argued), North Hollywood, Cal., for defendants-appellees.

Before TUTTLE, BARNES and WALLACE, Circuit Judges.


WALLACE, Circuit Judge:

Crocker-Citizens National Bank (the bank) brought suit against Control Metals Corporation (Control Metals), Dougherty, Ogle, Buffo, Rosenberg, Mack, Fors and Smith, seeking damages based on alleged violations of Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5 (10b-5) and common-law fraud. Dougherty filed a cross-claim against Control Metals, Ogle, Buffo, Mack, Rosenberg, Fors and Smith, and a counterclaim against the...

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