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BRUSCHI v. BROWN

No. 88-5574.

876 F.2d 1526 (1989)

Margaret R. BRUSCHI, Plaintiff-Appellant, v. Ken BROWN, Defendant-Appellee, Elmco, Inc., Defendant.

United States Court of Appeals, Eleventh Circuit.

July 12, 1989.

Attorney(s) appearing for the Case

Michael R. Casey, Hatch, Mager, Casey & Beilly, Fort Lauderdale, Fla., for plaintiff-appellant.

Richard L. Allen, Wallace, Engels, Pertnoy, Martin & Solowsky, Miami, Fla., for defendant-appellee.

Before VANCE and COX, Circuit Judges, and DYER, Senior Circuit Judge.

VANCE, Circuit Judge:

This is an appeal from summary judgment for defendant entered after the district court elected to treat the defendant's Fed.R.Civ.P. 12(b)(6) motion to dismiss as a motion for summary judgment under Fed.R.Civ.P. 56. At issue is the correctness of the court's decision with respect to the plaintiff's claim under section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. §...

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