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HIRK v. AGRI-RESEARCH COUNCIL, INC.

No. 76-2011.

561 F.2d 96 (1977)

William F. HIRK, Plaintiff-Appellant, v. AGRI-RESEARCH COUNCIL, INC., John Burlington, and Glenn Andersen, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 6, 1977.

Attorney(s) appearing for the Case

James L. Fox, Chicago, Ill., Richard E. Nathan, Commodity Futures Trad. Comm., Washington, D. C., for plaintiff-appellant.

Jacob N. Gross, Chicago, Ill., for defendants-appellees.

Before CUMMINGS, PELL and BAUER, Circuit Judges.

CUMMINGS, Circuit Judge.

Plaintiff, William F. Hirk, is appealing the dismissal of his amended complaint alleging violations of the Federal Securities Act of 1933 and the Commodity Exchange Act for failure to state a claim.1 Count I of the amended complaint charged a violation of Section 5 of the Securities Act of 1933 (15 U.S.C. § 77e) and Count II charged a violation of Section 4b of the Commodity Exchange Act of 1936 (7 U.S.C....

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