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GARDNER v. SURNAMER

Civ. A. No. 82-2723.

608 F.Supp. 1385 (1985)

William A. GARDNER and Sidney L. Hofing, Plaintiffs, v. Frank SURNAMER, Bruce Rothrock and Saul Schussel, Defendants.

United States District Court, E.D. Pennsylvania.

April 17, 1985.

Attorney(s) appearing for the Case

Antoinette R. Stone, Philadelphia, Pa., for plaintiffs.

Leon H. Kline, Philadelphia, Pa., for Rothrock.

Alan M. Black, Allentown, Pa., for Surnamer.

Edward C. McCardle, Allentown, Pa., for Schussel.

MEMORANDUM AND ORDER

HUYETT, District Judge.

Presently before me are defendants' motions for summary judgment on Count II of plaintiffs' complaint which alleged a violation of the Securities Exchange Act of 1934 ("Act"), 15 U.S.C. § 78j(b), and the regulations promulgated thereunder, including Rules 10b-5 and 10b-6. 20 C.F.R. §§ 240.10b-5 & 240.10b-6.

Background

On September 10, 1981 plaintiffs and defendants Rothrock...

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