WINDON THIRD OIL AND GAS v. FEDERAL DEPOSIT INS.

No. 85-2211.

805 F.2d 342 (1986)

WINDON THIRD OIL AND GAS DRILLING PARTNERSHIP, et al., Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, et al., Defendants, Peat, Marwick, Mitchell & Co. and A. Marshall Snipes, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 10, 1986.


Attorney(s) appearing for the Case

Steven M. Steingard (Mitchell A. Kramer, with him on the briefs), Philadelphia, Pa., for plaintiffs-appellants.

William E. Hegarty of Cahill Gordon & Reindel, New York City (J. William Conger of Hartzog Conger & Cason, Oklahoma City, Okl., Earl D. Mills of Mills Whitten Mills & Mills, Oklahoma City, Okl., and Victor M. Earle, III, and Edwin D. Scott, of Peat, Marwick, Mitchell & Co., of counsel, New York City, with him on the brief), for defendants-appellees.

Before McKAY and MOORE, Circuit Judges, and BROWN, District Judge.


JOHN P. MOORE, Circuit Judge.

In this appeal from a judgment entered pursuant to Fed.R.Civ.P. 54(b), we are asked to consider whether the district court properly granted the motion for summary judgment, foreclosing plaintiffs' federal securities and pendent state fraud claims from trial on the merits. In light of the Supreme Court's recent decisions in Celotex Corporation v. Catrett, ___ U.S. ___, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986), and Anderson v. Liberty...

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