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BERGER v. BISHOP INV. CORP.

No. 81-2435.

695 F.2d 302 (1982)

Dean BERGER, Eugene V. Heisler, Roland F. Murman, Ralph Schmidgall, and W. Harry Wilson, Appellants, v. BISHOP INVESTMENT CORPORATION, R. Rowland & Co., Inc., Truett H. Peachey and Ronald E. West, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 10, 1982.

Attorney(s) appearing for the Case

Harry O. Moline, Moline, Tegethoff, Ottsen, Mauze & Leggat, St. Louis, Mo., for appellant.

Richard P. Sher, Richard J. Pautler, J. Reed Johnston, Jr., St. Louis, Mo., for appellee R. Rowland & Co., Inc.; Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Mo., of counsel.

Timothy N. Vujnich, Cooper, Seeley & Vujnich, William E. Cooper, Klutho, Cody, Kilo, Flynn & Cooper Attorneys, Inc., St. Louis, Mo., for appellees Bishop Inv. Corp. and Ronald E. West.

Before HEANEY and ARNOLD, Circuit Judges and COLLINSON, Senior District Judge.

COLLINSON, Senior District Judge.

This case raises a significant and much-litigated issue regarding the interrelationship of express and implied remedies under the federal securities laws. The precise question presented for decision is whether the plaintiffs-appellants may pursue an implied remedy under Section 10(b) of the Securities Exchange Act of 1934 and Securities Exchange Commission Rule 10b-5, promulgated thereunder, for transactions alleged in the complaint...

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