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DUPUY v. DUPUY

No. 76-2667.

551 F.2d 1005 (1977)

Milton E. DUPUY, Plaintiff-Appellant, v. Clarence O. DUPUY, Jr., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 6, 1977.

Attorney(s) appearing for the Case

C. Ellis Henican, Jr., Andrew I. Brown, Carl W. Cleveland, New Orleans, La., for plaintiff-appellant.

Milton E. Brener, Arthur L. Ballin, James G. Dalferes, New Orleans, La., for defendant-appellee.

Before JONES, WISDOM and GODBOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 6, 1977.

WISDOM, Circuit Judge:

In this brother-against-brother case, a purchaser of stock, to depress the price, misrepresented and failed to disclose material facts regarding the value of the stock. The question presented is whether the seller of the stock will be denied recovery against the purchaser under Securities and Exchange Commission Rule 10b-51 because the seller, who could...

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