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VOLK v. D.A. DAVIDSON & CO.

No. 85-3857.

816 F.2d 1406 (1987)

Roy VOLK, L.A. Donahue, Wharram Ranch Company, Thomas Mather, Charles Hope, Robert Scriver, Michael Tilton, Tommy Curran, Robert J. Rangitsch, Lawrence Rossmiller, Harold Poulsen, and Dorothy Anderson, Plaintiffs-Appellants, v. D.A. DAVIDSON & CO., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated April 29, 1986 and Resubmitted July 2, 1986.

Decided May 13, 1987.

Attorney(s) appearing for the Case

Turner C. Graybill, of Graybill, Ostrem, Warner & Crotty, Great Falls, Mont., for appellant.

Edward J. Pluimer, of Dorsey & Whitney, Minneapolis, Minn., for appellee D.A. Davidson & Co.

Charles Schufreider of Barton, Klugman & Oetting argued for appellee Donald Jackson.

Sheldon M. Jaffe argued for appellees Diversified Properties Corporation, Devprop Financial Partners, Ltd., DPC Investment Corporation and Ronald L. Platt.

Augustin Medina of Lewis, D'Amato, Brisbois & Bisgaard argued for appellees Kimble, MacMichael, Jackson & Upton and Kimble MacMichael, Jackson, Magarian, Dowling & Upton.

Before GOODWIN and BRUNETTI, Circuit Judges, and STOTLER, District Judge.

ALICEMARIE H. STOTLER, District Judge:

This appeal involves six consolidated cases concerning the same limited partnership tax shelters. Appellants sued in 1984, alleging that appellees fraudulently sold them limited partnership interests in 1976 and 1977. The district court granted appellees' motion for summary judgment, concluding that the statute of limitations barred the claims. It held that the statute of limitations commenced running in 1979 when appellants...

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