MARITAN v. BIRMINGHAM PROPERTIES

No. 87-1287.

875 F.2d 1451 (1989)

Gene MARITAN, Plaintiff/Appellant, v. BIRMINGHAM PROPERTIES, an Oklahoma limited partnership; Edwin Kronfeld, individually and as surviving general partner of Birmingham Properties, an Oklahoma limited partnership; and The First National Bank and Trust Company of Tulsa, a national banking association, as successor personal representative of the estate of F. Paul Theiman, deceased, Defendants/Appellees.

United States Court of Appeals, Tenth Circuit.

Publication Ordered May 23, 1989.


Attorney(s) appearing for the Case

James W. Tilly, James W. Tilly, P.C., Tulsa, Okl., for plaintiff/appellant.

James C. Lang (Kevin C. Leitch, with him on the brief), Sneed, Lang, Adams, Hamilton & Barnett, Tulsa, Okl., for defendants/appellees Edwin Kronfeld and Birmingham Properties.

James E. Weger, Jones, Givens, Gotcher, Bogan & Hilborne, Tulsa, Okl., for defendant/appellee The First Nat. Bank & Trust Co. of Tulsa.

Before ANDERSON, BARRETT and BRORBY, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

Gene Maritan appeals from an adverse summary judgment dismissing his action under the federal securities laws, and pendent state law claims, against Birmingham Properties, an Oklahoma limited partnership ("Birmingham"), Edwin Kronfeld, both individually and as surviving general partner of Birmingham ("Kronfeld"), and the First National Bank and Trust Company of Tulsa, Oklahoma, as successor personal representatives of the estate...

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