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ASDAR GROUP v. PILLSBURY, MADISON AND SUTRO

No. 95-55739.

99 F.3d 289 (1996)

ASDAR GROUP, a Nevada corporation, Plaintiff-Appellant, v. PILLSBURY, MADISON AND SUTRO; Joann Taormina; James Sterrett; Does 1 Through 100, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 17, 1996.

Attorney(s) appearing for the Case

Frederick A. Santacroce, Las Vegas, Nevada, for plaintiff-appellant.

Mark C. Zebrowski, Gray, Cary, Ware & Freidenrich, San Diego, California, for defendants-appellees.

Before: FLETCHER and TASHIMA, Circuit Judges, and RESTANI, Judge of the United States Court of International Trade.

FLETCHER, Circuit Judge:

Asdar, a Nevada corporation, appeals from the district court's 12(b)(6) dismissal of its complaint against Pillsbury, Madison & Sutro, Joann Taormina, and James Sterrett (hereinafter collectively referred to as "Pillsbury"). Asdar sought contribution and indemnification from Pillsbury under § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.10b-5. We have jurisdiction pursuant...

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