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ARROYO v. WHEAT

No. CV-R-83-181-ECR.

591 F.Supp. 141 (1984)

Joseph F. ARROYO, James P. Mastelotto and Thomas E. Nevis, Plaintiffs, v. Robert D. WHEAT, Lois LaVonne Wheat, Terrence E. Dreiling, Paul H. Metzinger, William Holben Associates, Harry P. Holman, Ryder-Scott Company, Birr Wilson & Company, Inc. and Dominion Bank of Denver, Defendants.

United States District Court, D. Nevada.

May 23, 1984.

Attorney(s) appearing for the Case

Richard O. Kwapil, Woodburn, Wedge, Blakey & Jeppson, Reno, Nev., for plaintiffs.

John H. Magee and Kenneth G. Hausman, San Francisco, Cal., for Birr Wilson & Co., Inc. and Harry P. Holman.

Walter A. Steele, Denver, Colo., for Terrence E. Dreiling.

James D. Hinga, Denver, Colo., for Robert D. Wheat and Lois LaVonne Wheat.

Daniel W. Pinkston and John D. Phillips, Jr., Denver, Colo., for William Holben Associates.

Porter & Clements by J. Eugene Clements, Houston, Tex., and Echeverria, Osborne & Jenkins, Reno, Nev., for Ryder-Scott Co.

Bruce T. Beesely, Reno, Nev., for Paul H. Metzinger.

MEMORANDUM DECISION AND ORDER

EDWARD C. REED, Jr., District Judge.

Defendant Ryder-Scott Company has moved to dismiss the action against it or, in the alternative, to require the plaintiffs to replead their complaint against it with particularity. Its contentions are that:

1) Plaintiffs have not alleged a claim for relief under Section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b) or Rule 10b-5 promulgated thereunder, so...

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