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JENSEN v. KIMBLE

No. 91-4157.

1 F.3d 1073 (1993)

David JENSEN; Rose Johnson; Tiffny Jensen; Sterling Group; De West Indies; Capital Ventures Development, Plaintiffs-Appellants, v. Thomas G. KIMBLE; Thomas Kimble, P.C.; Richard C. Mason; Richard C. Mason, Inc.; Nosam, Inc.; Trudy Reynolds; Naomi Mason; Nomco, Inc.; J.P. Michaels; Mike Reynolds; Russell K. Nielson; KDR, Inc.; Gary Ramsey, also known as Don L. Ramsey; Tammy Peters; Kristine Ramsey; Donnell Ramsey; Pauline Ramsey; George C. Ramsey; Nosam, Inc.; Nosam, Inc. II; Wallace S. Pidcock, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 30, 1993.

Attorney(s) appearing for the Case

Paul T. Moxley and Cynthia K.C. Meyer, Campbell Maack & Sessions, Salt Lake City, UT, for plaintiffs/appellants.

Richard Burbidge, Stephen B. Mitchell, and Gary Rhys Johnson, Burbidge & Mitchell, Salt Lake City, UT, for defendants/appellees.

Before EBEL, Circuit Judge, HOLLOWAY, Senior Circuit Judge, and COOK, Senior District Judge.

EBEL, Circuit Judge.

This case requires us to determine whether the district court properly granted summary judgment dismissing the plaintiff's claims under Section 10(b) of the Securities and Exchange Act of 1934 and Rule 10b-5 of the Securities and Exchange Commission. The plaintiffs' complaint alleged that the defendants acquired the plaintiffs' stock on the basis of undisclosed material, inside information, and affirmative misstatements with regard to a pending...

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