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ZOBRIST v. COAL-X, INC.

Nos. 82-1055, 82-1104.

708 F.2d 1511 (1983)

Herman ZOBRIST, Neil Rasmussen and Phil Rasmussen, Plaintiffs-Appellees, Cross-Appellants, v. COAL-X, INC., a corporation, Emmet L. Shultz and Paul B. Baker, Defendants-Appellants, Cross-Appellees, and Gulf Energy Corporation, a corporation, Russell L. Greene and Does I Through XX, Defendants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 1, 1983.

Attorney(s) appearing for the Case

Robert A. Peterson of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for plaintiffs-appellees, cross-appellants.

Daniel L. Berman of Berman & Anderson, Salt Lake City, Utah (Gary F. Bendinger and Richard W. Casey of Giauque & Williams, Salt Lake City, Utah, with him on briefs), for defendants-appellants, cross-appellees.

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

Phil Rasmussen, appellee in No. 82-1055, and Neil Rasmussen and Herman Zobrist, cross-appellants in No. 82-1104, brought an action pursuant to section 10(b) of the Securities and Exchange Act of 1934 and rule 10b-5 promulgated under that section, against Coal-X, Inc., Emmet L. Shultz, and Paul B. Baker (defendants). The jury rendered a special verdict in the amount of $50,000 in favor of Phil Rasmussen against the three defendants. Although...

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