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SAN FRANCISCO-OKLAHOMA PETRO. EXPLOR. v. CARSTAN OIL

Nos. 83-1230, 84-1228.

765 F.2d 962 (1985)

SAN FRANCISCO-OKLAHOMA PETROLEUM EXPLORATION CORPORATION, Plaintiff-Appellee, v. CARSTAN OIL COMPANY, INC. and Courtney G. Rogers, Defendants-Appellants. William R. Rogers, Defendant. SAN FRANCISCO-OKLAHOMA PETROLEUM EXPLORATION CORPORATION, Plaintiff-Appellant, v. CARSTAN OIL COMPANY, INC., Courtney G. Rogers, and William R. Rogers, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 21, 1985.

Attorney(s) appearing for the Case

Robert M. Beachy of Van Osdol, Magruder, Erickson and Redmond, Kansas City, Mo., for defendants/appellants/appellees.

James C. Lang of Sneed, Lang, Adams, Hamilton, Downie & Barnett, Tulsa, Okl. (Melinda J. Martin, Tulsa, Okl., with him on the brief), for plaintiff/appellee/appellant.

Before BARRETT and SETH, Circuit Judges, and BURCIAGA, District Judge.

PER CURIAM.

This was an action seeking rescission of a purchase of an undivided working interest in a producing oil well and for reimbursement. The defendants were Courtney Rogers, William Rogers, and Carstan Oil Company. The complaint alleged violations of state and federal securities laws. The basic questions on appeal are whether the interest was a "security" under the Securities Act of 1933 and whether the only remaining defendant, William Rogers, was a "controlling...

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