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MARY S. KRECH TRUST v. LAKES APARTMENTS

No. 79-2869.

642 F.2d 98 (1981)

MARY S. KRECH TRUST and Mark Marks, Plaintiffs, Mary S. Krech Trust, Plaintiff-Appellant, v. The LAKES APARTMENTS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B.

Rehearing and Rehearing Denied May 4, 1981.

Attorney(s) appearing for the Case

Daniel S. Dearing, Tallahassee, Fla., for plaintiff-appellant.

Fowler, White, Burnett, Hurley, Banick & Strickroot, Curtis Carlson and Richard S. Banick, Miami, Fla., Gordon Eugene Boyce, Raleigh, N. C., Kelly, Black, Black & Kenny, Hugo L. Black, Jr., Kenny, Narchwalter & Seymour, Michael Nachwalter, Miami, Fla., for defendants-appellees.

Before HILL, FAY and HATCHETT, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 4, 1981.

FAY, Circuit Judge:

The first question we are asked to decide in this appeal is whether one can successfully plan and execute a private offering of a security by following the guidelines prepared by the Securities and Exchange Commission and our recent decision in Swenson v. Engelstad, 626 F.2d 421, (5th Cir., 1980). Answering that question in the affirmative, we move...

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