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INDUSTRIAL CONSULTANTS, INC. v. H. S. EQUITIES

No. 410, Docket 80-7364.

646 F.2d 746 (1981)

INDUSTRIAL CONSULTANTS, INC., Sara L. Voss, As Trustee for W. B. Voss under a Trust Agreement dated June 30, 1971, and William Swisher, Plaintiffs, and Industrial Consultants, Inc., Plaintiff-Appellant, v. H. S. EQUITIES, INC., Alfred J. Coyle, Donald R. Stroben and New York Stock Exchange, Inc., Defendants, H. S. Equities, Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 31, 1981.

Attorney(s) appearing for the Case

Ira W. Berman, New York City (Berman & Zivyak, New York City, of counsel; Jeffrey L. Zivyak and Jon M. Probstein, New York City, on brief), for plaintiff-appellant.

Peter H. Morrison, New York City (Morrison, Paul & Beiley, New York City, of counsel, Gerald G. Paul, New York City, on brief), for defendant-appellee.

Before LUMBARD, MULLIGAN and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from an order of Judge Thomas Griesa of the United States District Court for the Southern District of New York. The order granted defendant-appellee's (H.S. Equities, Inc.) motion for summary judgment on the ground that plaintiff-appellant's (Industrial Consultants, Inc.) action seeking damages for alleged securities fraud was time-barred. Appellant contends that the district court erred in applying Oklahoma's two...

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