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T.J. RANEY & SONS v. FORT COBB, OKL. IRR. FUEL

No. 81-2270.

717 F.2d 1330 (1983)

T.J. RANEY & SONS, INC., individually and as representative party on behalf of all other persons similarly situated, Plaintiff-Appellee, v. FORT COBB, OKLAHOMA IRRIGATION FUEL AUTHORITY, a trust created under the laws of the State of Oklahoma, Eufaula Enterprises, Inc., an Oklahoma corporation, Glenn C. Hatfield, Sr., Glenn C. Hatfield, Jr., John I. Willhauck, Jr., K.R. Adams, Norman E. Lewis, Jack L. Perry, Perry, Adams & Lewis, Inc., a Missouri corporation, and Rimrock Gas Company, a Texas corporation, Defendants, Linde, Thomson, Van Dyke, Fairchild & Langworthy and Southgate Bank & Trust Co., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Certiorari Denied February 21, 1984.

Attorney(s) appearing for the Case

Harry A. Woods, Jr., Oklahoma City, Okl. (Judy Hamilton Morse, Oklahoma City, Okl., with him on the brief), of Crowe & Dunlevy, P.C., Oklahoma City, Okl., for defendant-appellant Southgate Bank & Trust Co.

Roy J. Davis, Don G. Holladay and L. Gene Gist of Andrews, Davis, Legg, Bixler, Milsten & Murrah, Oklahoma City, Okl., on the brief for defendant-appellant Linde, Thomson, Van Dyke, Fairchild & Langworthy.

Larry W. Burks of Friday, Eldredge & Clark, Robert S. Shafer, Little Rock, Ark. (James D. Fellers of Fellers, Snider, Blankenship & Bailey, Oklahoma City, Okl., with him on the brief), for plaintiff-appellee.

Before SETH, Chief Judge, McWILLIAMS, Circuit Judge, and BROWN, District Judge.

Certiorari Denied February 21, 1984. See 104 S.Ct. 1285.

SETH, Chief Judge.

This is an interlocutory appeal from the trial court's denial of the defendants' motion to decertify the underlying action as a class action. This question necessarily requires an answer as to whether this circuit should adopt some form of the fraud on the market theory in securities litigation arising under Rule 10b-5. See Bowe v. First of Denver Mortgage Investors,

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