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HUNT v. ROBINSON

No. 87-1726.

852 F.2d 786 (1988)

Robert E. HUNT, Plaintiff-Appellant, v. Patrick J. ROBINSON; Homericorp, Inc.; Jaffe, Snider, Raitt, Heuer, Professional Corporation; David Warner; David Raitt, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 29, 1988.

Attorney(s) appearing for the Case

Charles J. Hodge (Hodge & Devine, Anthony E. Griffis, Gray, Griffis, Howard & Wilson, P.A., on brief), for plaintiff-appellant.

Gordon D. Schreck (Buist, Moore, Smythe & McGee, on brief), W. Jefferson Leath, Jr. (Young, Clement, Rivers & Tisdale, on brief), for defendants-appellees.

Before CHAPMAN and WILKINSON, Circuit Judges, and EUGENE A. GORDON, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.

WILKINSON, Circuit Judge:

Robert Hunt appeals the dismissal of his complaint against Patrick Robinson, Homericorp, Inc., et al., for lack of subject matter jurisdiction. The district court held that federal question jurisdiction was lacking because the complaint failed to state a federal cause of action under § 10(b) of the Securities Exchange Act of 1934. Because the complaint did not allege fraud in connection with the sale or purchase of a security...

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