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LUTHER v. LOEWI & CO., INC.

No. 76-1464.

549 F.2d 1173 (1977)

Rudy LUTHER, Appellant, v. LOEWI & CO., INC. and Merrill J. Anderson, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 23, 1977.

Attorney(s) appearing for the Case

Curtis D. Forslund, Minneapolis, Minn., for appellant; James R. Lande, Minneapolis, Minn., on brief.

Joe A. Walters, Minneapolis, Minn., for appellee, Loewi &Co.; Kent E. Richey, Minneapolis, Minn., on brief.

Edward J. Parker, Minneapolis, Minn., for appellee, Merrill J. Anderson; Daryle L. Uphoff, Minneapolis, Minn., on brief.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

This appeal requires review of Rudy Luther's claim that Loewi & Co., Inc. and Merrill Anderson committed securities fraud and breach of an investment contract. Luther appeals from the district court's1 judgment following a non-jury trial in favor of the defense. He contends the trial court's findings are clearly erroneous and further asserts the court erred in refusing to recognize a binding testimonial admission...

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