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WILSON v. FIRST HOUSTON INV. CORP.

No. 75-3422.

566 F.2d 1235 (1978)

John M. WILSON, Plaintiff-Appellant, v. FIRST HOUSTON INVESTMENT CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 7, 1978.

Attorney(s) appearing for the Case

Joel H. Pullen, San Antonio, Tex., for plaintiff-appellant.

Brice A. Tondre, Houston, Tex., for First Houston Investment, Walser, Allgood and Barker.

Before GODBOLD, TJOFLAT and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 7, 1978.

GODBOLD, Circuit Judge:

This is an appeal from the dismissal of plaintiff's suit against his investment adviser, which plaintiff sought to bring under the Investment Advisers Act of 1940, § 214, 15 U.S.C. § 80b-14 (1970) (the "IAA"), as well as Rule 10b-5, 17 C.F.R. 240.10b-5 (1977). The district court dismissed plaintiff's complaint and first amended complaint, and plaintiff appealed.

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