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GLAZER v. NATIONAL COMMODITY RESEARCH & STATISTICAL SERVICE, INC.

No. 74-1861.

547 F.2d 392 (1977)

Ronald GLAZER, on his own behalf and on behalf of a class of other persons similarly situated, Plaintiff-Appellant, v. NATIONAL COMMODITY RESEARCH AND STATISTICAL SERVICE, INC., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 7, 1977.

Rehearing and Rehearing Denied March 16, 1977.

Attorney(s) appearing for the Case

Philip S. Wolin, Jeffrey Schulman, Chicago, Ill., for appellant.

Lawrence E. Nerheim, Gen. Counsel, James H. Schropp, Atty., S.E.C., Washington, D.C., for amicus curiae.

David F. Silverzweig, Joel J. Bellows, Chicago, Ill., for appellees.

Before FAIRCHILD, Chief Judge, CUMMINGS, Circuit Judge, and BRYAN, Senior District Judge.

Rehearing and Rehearing En Banc Denied March 16, 1977.

FAIRCHILD, Chief Judge.

This is an appeal from a judgment dismissing plaintiff's complaint against defendants, collectively referred to as NATCOM. The critical issue is whether the alleged formation of a contract between NATCOM and plaintiff (and others) was a sale of a security within the meaning of the Securities Act of 1933 and the Securities Exchange Act of 1934. The district court decided that the...

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