FALLS v. FICKLING

No. 78-2119.

621 F.2d 1362 (1980)

Ralph FALLS, Jr., Plaintiff-Appellant, v. William FICKLING, William Fickling, Jr. and F. Kennedy Hall, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 25, 1980.


Attorney(s) appearing for the Case

Charles M. Kidd, John A. Pickens, Atlanta, Ga., for plaintiff-appellant.

Franklin R. Nix, Atlanta, Ga., for defendants-appellees.

Before GOLDBERG, FRANK M. JOHNSON, Jr., and HATCHETT, Circuit Judges.


GOLDBERG, Senior Circuit Judge:

We are today asked to decide whether a stockholder whose stock is purchased at a sheriff's sale is entitled to the protection of Rule 10b-5. For the purpose of ruling on this appeal from a dismissal for lack of standing and for failure to state a claim upon which relief can be granted, we accept the facts alleged by plaintiff to be true.

I.

Plaintiff-Appellant, Ralph Falls, Jr., owned stock in Charter Medical Corporation...

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