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SMITH v. AYRES

No. 87-1388.

845 F.2d 1360 (1988)

Andrew L. SMITH, Plaintiff-Appellant, v. Jack R. AYRES, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 6, 1988.

Attorney(s) appearing for the Case

F. Dean Armstrong, Flossmoor, Ill., for plaintiff-appellant.

Carl David Adams, Adams & Francis, Dallas, Tex., for Clayton Smith.

Edwin E. Wright III, Ronald D. Wren, Stradley, Schmidt, Stephens & Wright, Dallas, Tex., for defendants-appellees.

Before GARZA, HIGGINBOTHAM, and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Andrew Smith sued his brother Clayton and others alleging securities fraud and RICO violations arising out of a fight for control of a family business. The district court dismissed the securities-fraud claims, both those brought individually and those brought on behalf of the corporation. The court also dismissed the RICO claim for inadequate pleading and declined to grant leave to amend. We affirm the judgment on the individual...

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