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EBERHARDT v. WATERS

No. 89-8601.

901 F.2d 1578 (1990)

T.J. EBERHARDT, Plaintiff-Appellee, v. James L. WATERS, Defendant-Appellant, Lynda B. Waters, Dunwoody Medical Services, Inc., Defendants.

United States Court of Appeals, Eleventh Circuit.

May 23, 1990.

Attorney(s) appearing for the Case

John G. Haubenreich, John Archer Thompson, Jr., Greenfield Bost & Pendergast, for defendant-appellant.

Peyton S. Hawes, Jr., Robert Michael Dyer, Atlanta, Ga., for plaintiff-appellee.

Before HATCHETT and ANDERSON, Circuit Judges, and DYER, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this appeal, we affirm the district court's grant of summary judgment holding that an arrangement involving the sale of cattle embryos constituted the sale of a security under Georgia law.

FACTS

Dr. T.J. Eberhardt, the appellee, invested in an investment program with International Cattle Embryo, Inc. ("ICE") a business entity engaged in producing and selling Santa Gertrudis cattle embryos. ICE provided a variety of services...

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