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RICE v. BRANIGAR ORGANIZATION, INC.

No. 90-8090.

922 F.2d 788 (1991)

Shirley RICE, Penelope S. Wirth, Ralph R. Lorberbaum and Jodie C. Lorberbaum, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. The BRANIGAR ORGANIZATION, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 30, 1991.

Attorney(s) appearing for the Case

J. Wiley Ellis, Adams, Gardner, Ellis, Inglesby, & Falligant, Laura J. Tromly, Ronald C. Berry, Thomas A. Nash, Jr., Inglesby, Falligant, Horne, Courington and Nash, PC, Savannah, Ga., for plaintiffs-appellants.

Frank W. Seiler, Leamon R. Holliday, III, Savannah, Ga., Edward A. Marod, West Palm Beach, Fla., for defendant-appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, TJOFLAT, Chief Judge, and ANDERSON, Circuit Judge.

POWELL, Associate Justice:

The primary questions presented in this case are: (i) was the sale of either lots in a housing development or equity memberships in a country club a sale of "securities" for the purposes of the 1934 Securities Act; and (ii) did appellee's representations about land-owners' access to the country club violate the anti-fraud provisions of the Interstate Land Sales Full Disclosure Act? We agree with the district court that both of these questions...

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