No. 82-1442.

709 F.2d 413 (1983)

John D. KEYS and Lewis E. Eastham, Plaintiffs-Appellants, v. Dan M. WOLFE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing and Rehearing October 31, 1983.

Attorney(s) appearing for the Case

Haynes & Boone, Werner A. Powers, Dallas, Tex., for plaintiffs-appellants.

Coyt Randal Johnston, Dallas, Tex., for Luther Henderson, Chas. Tindall, Alden Wagner, Wolfe, Maguire, Moseley and O'Neal.

Fulbright & Jaworski, Carol S. Butner, Tom Alan Cunningham, Houston, Tex., for Milton E. Loy.

Baker, Miller, Phillips & Murray, Morris C. Gore, Dallas, Tex., for Bascom Lynn.

Stubbeman, McRae, Sealy, Laughlin & Browder, James V. Hammett, Jr., Thomas J. Mitchell, III, Austin, Tex., for Dean Bagley.

Before REAVLEY and JOHNSON, Circuit Judges, and WYZANSKI, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc October 31, 1983.

WYZANSKI, District Judge:

Relying upon sections 15 and 17(a) of the Securities Act of 1933, 15 U.S.C. §§ 77o and 77q(a), and sections 10(b) and 20 of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b) and 78t, as well as Texas statutory and common law, the plaintiffs, John D. Keys and Lewis E. Eastham, holders of investment contracts, relating to pecan...

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