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CAVALIER CARPETS, INC. v. CAYLOR

No. 82-8627.

746 F.2d 749 (1984)

CAVALIER CARPETS, INC., etc., Plaintiff-Appellant, v. Arnold L. CAYLOR, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 12, 1984.

Attorney(s) appearing for the Case

Richard W. Bethea, Jr., Chattanooga, Tenn., John W. Davis, Jr., Frank M. Gleason, Rossville, Ga., for plaintiff-appellant.

L. Branch S. Connelly, Summerville, Ga., for Precision Services.

Richard H. Sinkfield, Atlanta, Ga., for Foster, Peoples & Turner.

Robert B. Adams, Dalton, Ga., for Carpet Shares, Chem-Tech, Varsity.

H. Lamar Mixson, Edward Krugman, Atlanta, Ga., for Caylor.

Before HENDERSON and HATCHETT, Circuit Judges, and JONES, Senior Circuit Judge.

JONES, Senior Circuit Judge:

Plaintiffs appeal from jury verdicts in favor of the defendants in this Rule 10b-5 securities fraud1 case. They seek a new trial, contending two of the district court's instructions to the jury concerning the requisite elements of a Rule 10b-5 claim were in error. We find that the district court's instruction assigning to the plaintiffs the burden of proving plaintiffs...

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