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CAROTHERS v. RICE

No. 78-3366.

633 F.2d 7 (1980)

Joseph A. CAROTHERS et al., Plaintiffs-Appellees, v. W. Thomas RICE et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 15, 1980.

Rehearing and Rehearing Denied October 23, 1980.

Attorney(s) appearing for the Case

Franklin R. Nix, Oscar N. Persons, Alston, Miller & Gaines, F. Dean Copeland, Jeffrey P. Adams, Atlanta, Ga., Joseph E. Stopher and Edward H. Stopher, Boehl, Stopher, Graves & Deindoerfer, Louisville, Ky., for defendants-appellants.

John L. Carroll, Johnson, Carroll & Griffith, Professional Corp., Evansville, Ind., Lawrence L. Pedley, William T. Warner, Robert P. Ross, Wood, Goldberg, Pedley & Stansbury, Louisville, Ky., for plaintiffs-appellees.

Before BROWN, KENNEDY and JONES, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 23, 1980.

CORNELIA G. KENNEDY, Circuit Judge.

We permitted an interlocutory appeal in this case to decide what statute of limitations should be applied to a claim under § 10(b) of the Securities and Exchange Act of 1934 (1934 Act) (15 U.S.C. § 78j(b)) and rule 10b-5 of the Securities and Exchange Commission filed in Kentucky. Appellees filed their complaint in the United States District Court for the...

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