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STEWART v. FRY

No. 83-863C(2).

575 F.Supp. 753 (1983)

C. Louise STEWART, Betty A. Bucher, Joseph C. Stewart, Jr., and Cahokia Bancshares, Inc., Plaintiffs, v. Thomas E. FRY, Jr., Winston Fullerton, W. Russell Withers, Jr., John T. Bellamy, Jr., Keith Fowler, Fred G. Fowler, Judith L. Fry, Muriel Brown, and Schott & Company, Inc., Defendants.

United States District Court, E.D. Missouri.

December 20, 1983.

Attorney(s) appearing for the Case

Alan C. Kohn, Terry Lueckenhoff, Robert A. Useted and Mark Brittingham, St. Louis, Mo., for plaintiffs.

Terrance J. Good, Thomas M. Carney, Thompson & Mitchell, William A. Richter, Ralph M. Friederich, St. Louis, Mo., for defendants.

MEMORANDUM

FILIPPINE, District Judge.

This matter is before the Court on the separate motions to dismiss filed by the defendants. Plaintiffs in Count I assert a claim against the defendants under § 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78j, and in Count II a claim for state common law fraud. Plaintiffs claim that the defendants misrepresented the number and the amount of uncollected loans of the Ina State Bank, whose stock...

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