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SCHNEBERGER v. WHEELER

Nos. 87-5583, 87-6025.

859 F.2d 1477 (1988)

Robert M. SCHNEBERGER, et al., Plaintiffs-Appellants, v. W. Randolph WHEELER, et al., Defendants, United States Trust Company of New York, a New York Corporation, Defendant-Appellee. UNITED STATES TRUST COMPANY OF NEW YORK, A New York Corporation, Plaintiff-Counterclaim-Plaintiff-Appellant, v. Warren J. PLOTNER, Defendant-Counterclaim-Plaintiff-Appellant, v. Randolph WHEELER, Andrew A. Levy, and Buckeye Petroleum Co., et al., Counterclaim-Defendants.

United States Court of Appeals, Eleventh Circuit.

November 10, 1988.

Attorney(s) appearing for the Case

Giselle D. Lylen, Carl H. Hoffman, Hoffman & Hertzig, Coral Gables, Fla., for plaintiffs-appellants.

John T. Kolinski, Shutts & Bowen, Miami, Fla., for U.S. Trust.

Before KRAVITCH and EDMONDSON, Circuit Judges, and HOFFMAN, District Judge.

EDMONDSON, Circuit Judge:

Appellants allege that U.S. Trust violated the Florida Securities and Investor Protection Act and Section 10(b) of the Securities Exchange Act of 1934. Appellants base additional counts on conspiracy and the Uniform Commercial Code. U.S. Trust's motions for summary judgment were granted in these separate but related cases. We affirm.

I. Facts

William Randolph Wheeler and Andrew A. Levy organized Buckeye Petroleum...

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