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S. E. C. v. SEABOARD CORP.

No. 79-3818.

677 F.2d 1289 (1982)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. The SEABOARD CORPORATION, etc., et al., Defendants. ADMIRALTY FUND, and Admiralty Fund Growth Series Litigation Trust, Cross-Claimant/Appellant, v. Lewis JONES, Cross-Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 24, 1982.

Attorney(s) appearing for the Case

Stephen H. Marcus, Greenberg, Bernhard, Weiss & Karma, Los Angeles, Cal., for cross-claimant/appellant.

Brian G. Gough, MacDonald, Halsted & Laybourne, Los Angeles, Cal., for cross-defendant/appellee.

Before WRIGHT and WALLACE, Circuit Judges, and EAST, Senior District Judge.

EUGENE A. WRIGHT, Circuit Judge:

This is an appeal of a summary judgment for cross-defendant Lewis Jones. We reverse in part and remand for trial because we find material issues relating to the statute of limitations and to Jones' scienter.

FACTUAL BACKGROUND

The transaction that provides the factual background for this appeal is Admiralty Fund's (hereinafter AF) purchase of stock of Oceanography, Inc.

In count 2 of its second amended cross...

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