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ALBANESE v. FLORIDA NAT. BANK OF ORLANDO

No. 86-3776.

823 F.2d 408 (1987)

Vincent ALBANESE, et al., Plaintiffs, Donald M. Arthur, Kenneth L. Bell, Gilbert Clark, Robert D. Copenhaver, Jr., R.E. Evans, Paul Fogel, Millard Gamble, III, Millard G. Gamble, IV, Henry P. Glindeman, Jr., Herbert Green, Joseph Insoft, R. Hank Jennings, Thomas K. McKenzie, Ronald H. Miller, David S. Mitchell, James Pascia, Donald Roderick, Wayne Schmidt, Phillip Schwartz, Barry Robert Weiss, David D. Whitaker, Plaintiffs-Appellants, v. FLORIDA NATIONAL BANK OF ORLANDO, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 30, 1987.

Attorney(s) appearing for the Case

Frances Makemie Toole, John R. Bush, Bush, Ross, Gardner, Warren & Rudy, Tampa, Fla., for plaintiffs-appellants.

William G. Cooper, Coker, Myers & Schickel, Jacksonville, Fla., for defendant-appellee.

Before KRAVITCH and EDMONDSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

PER CURIAM:

In this case, we once again scrutinize a series of contracts to determine whether they are securities within the meaning of the Securities Exchange Act of 1934. The United States District Court for the Middle District of Florida determined that the contracts are not securities and, deciding that it therefore lacked subject matter jurisdiction, granted summary judgment to defendant. We disagree and reverse that judgment.

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