FREEMAN v. McCORMACK

No. CIV-79-0398-T.

490 F.Supp. 767 (1980)

John A. FREEMAN, Jr., Plaintiff, v. Howard McCORMACK and American Farm Lines, Inc., Defendants.

United States District Court, W. D. Oklahoma.

February 5, 1980.


Attorney(s) appearing for the Case

Wm. D. Watts and Richard A. Rogoff of Andrews, Davis, Legg, Bixler, Milsten & Murrah, Inc., Oklahoma City, Okl., W. Ted Minick of Winstead, McGuire, Sechrest & Trimble, Dallas, Tex., for plaintiff.

Wm. L. Peterson, Jr. and Raymond E. Tompkins of Hanson, Peterson & Tompkins, Inc., Oklahoma City, Okl., for American Farm Lines.

James P. Linn, James A. Kirk and William P. Warden of Linn, Helms, Kirk & Burkett, Oklahoma City, Okl., for McCormack.


ORDER

RALPH G. THOMPSON, District Judge.

This action is before the Court on the defendant Howard McCormack's motion for partial summary judgment. The motion asks the Court to determine that no private civil cause of action exists under Section 17(a) of the Securities Act of 1933. Plaintiff has responded in opposition to the motion and briefs have been submitted by the parties in support of their respective positions.

Defendant McCormack asserts that...

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