RIFKIN v. CROW

No. 75-4030.

574 F.2d 256 (1978)

Michael RIFKIN, Individually and as Custodian for Alison Kim Rifkin, Plaintiff-Appellant, v. Trammell CROW, Richard B. Dawkins, Reid W. Dennis, Jerome C. Eppler, Herman L. Philipson, Jr., Howard J. Runnion, Jr., Israel Sheinberg, Merle J. Volding, W. D. Kramp, Recognition Equipment Incorporated, Corporation S and Price Waterhouse & Co., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 2, 1978.


Attorney(s) appearing for the Case

Jared Specthrie, Melvyn I. Weiss, David J. Bershad, Paul L. Tullman, Sharon Levine Mirsky, New York City, Dean Carlton, Dallas, Tex., for plaintiff-appellant.

Thomas A. Loose, Recognition Equip. Inc., Irving, Tex., Morriss Harrell, Lyman G. Hughes, Dallas, Tex., for Crow, et al.

Don Case, Jack Pew, Jr., Dallas, Tex., Peter E. Calamari, John R. Hupper, John L. O'Donnell, James E. Tolan, New York City, for Price Waterhouse.

Linda S. Aland, Roger J. Allen, Ira F. Levy, Dallas, Tex., for Corp. S.

Before GEWIN, RONEY and HILL, Circuit Judges.


RONEY, Circuit Judge:

In this Rule 10b-5 securities case, plaintiff appeals from the district court's grant of summary judgment for defendants. The court's decision was based on a lack of "some element of general reliance by plaintiff" on the reports released by defendants. In his deposition testimony which was before the district court, plaintiff specifically averred that he relied on the reports disseminated by defendants...

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