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LAWLER v. GILLIAM

No. 76-1951.

569 F.2d 1283 (1978)

Joseph J. LAWLER, Trustee in Bankruptcy for Frank E. Mower, II, Appellant, v. Thomas W. GILLIAM, Jr. and General Erle Cocke, Jr., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 9, 1978.

Attorney(s) appearing for the Case

Benjamin C. Ackerly, Richmond, Va. (Charles H. Cuthbert, Jr., Hunton & Williams, Richmond, Va., on brief), for appellant.

Benjamin W. Dulany, Washington, D. C. (Jackson, Campbell & Parkinson, Washington, D. C., on brief), for appellees.

Before BUTZNER, RUSSELL and HALL, Circuit Judges.

BUTZNER, Circuit Judge:

Joseph J. Lawler, trustee in bankruptcy for Frank E. Mower, II, appeals the judgment of the district court dismissing his claims against Erle Cocke, Jr., and Thomas W. Gilliam, Jr., based on § 12(1) of the Securities Act of 1933, 15 U.S.C. § 77l (1), and for liability on their endorsement of two notes under Virginia law. Because we conclude that Lawler should prevail on his § 12(1) claim, we need not decide whether Cocke...

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