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FIRST NAT BANK, ETC. v. ESTATE OF RUSSELL

No. 80-1401.

657 F.2d 668 (1981)

FIRST NATIONAL BANK OF LAS VEGAS, NEW MEXICO, Plaintiff-Appellant, v. ESTATE OF Milton B. RUSSELL, Peter B. Edwards, Charles L. Shirley, Jr., Gary M. Mattson, Steven F. Caldwell, Bossier Bank & Trust Company, Dale A. Anderson, Pinemont State Bank, Herman K. Beebe and Jean A. Quartermont, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

September 23, 1981.

Attorney(s) appearing for the Case

Hirsch, Westheimer, Block & Wilk, Gaye Rothman, Michael S. Wilk, Houston, Tex., for plaintiff-appellant.

Rosalind C. Cohen, Asst. Gen. Counsel, Jacob H. Stillman, Frederick B. Wade, Ralph C. Ferrara, Robert Lipsher, S.E.C., Washington, D. C., amicus curiae.

Delange & Hudspeth, Michael R. Tibbets, Houston, Tex., for Milton Russell.

Michael A. Lamson, Houston, Tex., for Shirley.

Foreman & Dyess, Darrel E. Reed, Jr., Houston, Tex., for Bossier Bank and Anderson.

Before COLEMAN, GARZA and SAM D. JOHNSON, Circuit Judges.

SAM D. JOHNSON, Circuit Judge:

Plaintiff First National Bank of Las Vegas, New Mexico, appeals from the district court summary judgment in favor of defendants in this securities fraud case. The district court granted summary judgment for defendants, finding that the notes involved in the transaction at issue were not securities and that the transaction was not a purchase and sale of a security. We vacate and remand.

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