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LEWELLING v. FIRST CALIFORNIA CO.

No. 75-2759.

564 F.2d 1277 (1977)

Asa L. LEWELLING, Plaintiff-Appellee, v. FIRST CALIFORNIA COMPANY, a California Corporation (Appellant), Harold F. Smither and M. J. Coen (Appellant), Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

November 21, 1977.

Attorney(s) appearing for the Case

John R. Faust, Jr. (argued), Portland, Or., for defendants-appellants.

Clifford N. Carlsen, Jr. (argued), Miller, Anderson, Nash, Yerke & Wiener, Portland, Or., for plaintiff-appellee.

Before DUNIWAY, ELY and CHOY, Circuit Judges.

CHOY, Circuit Judge:

This controversy arises out of a scheme to enable insiders to bail out of various corporations which were failing. Plaintiff, Asa L. Lewelling, brought a private suit for fraud under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b); SEC Rule 10b-5, 17 C.F.R. § 240.10b-5; and the Oregon securities act and common law.1 From the adverse judgment of the district court, defendants First...

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