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KRAMER v. SMITH BARNEY

No. 95-10441.

80 F.3d 1080 (1996)

Quentin T. KRAMER, M.D., Individually and as Trustee for Various Pension Plans, Quentin T. Kramer, M.D., PA Defined Benefit Pension Plan and Quentin T. Kramer, M.D., PA, Money Purchase Pension Plan/Profit Sharing Plan, Plaintiffs-Appellants, v. SMITH BARNEY, formerly known as Shearson Lehman Brothers Inc., and Larry F. Robb, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 23, 1996.

Attorney(s) appearing for the Case

Tracy Pride Stoneman, Susemihl & McDermott, Colorado Springs, CO, Ellen Snow Ossenfort, Mills, Presby & Anderson, Dallas, TX, for Kramer.

Charles Watts Flynn, IV, Bradley W. Foster, Locke, Purnell, Rain & Harrell, Dallas, TX, for Barney and Robb.

Before HIGGINBOTHAM and DUHÉ, Circuit Judges, and SCHWARZER, District Judge.

SCHWARZER, District Judge:

Dr. Quentin T. Kramer brought this action in Texas state court, alleging state law claims for fraud, negligence, securities violations, and breach of contract arising out of purchases of partnership interests from defendants Smith Barney, Inc. and Larry F. Robb. Defendants removed the action to the district court which then granted their motion to dismiss the action under Fed.R.Civ.P. 12(b)(6) as...

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