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BROWN v. EARTHBOARD SPORTS USA, INC.

No. 05-6317.

481 F.3d 901 (2007)

Clinton D. BROWN, Plaintiff-Appellant, v. EARTHBOARD SPORTS USA, INC.; Hugh Jeffreys; Jeffrey A. Vaughn; Lincoln Financial Advisors Corporation, d/b/a Sagemark Consulting, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 16, 2007.

Attorney(s) appearing for the Case

ARGUED: Michael R. Schmidt, Cohen, Todd, Kite & Stanford, Cincinnati, Ohio, for Appellant. Donald J. Mooney, Jr., Ulmer & Berne, Cincinnati, Ohio, Mark E. Elsener, Porter, Wright, Morris & Arthur, Cincinnati, Ohio, for Appellees.

ON BRIEF: Michael R. Schmidt, Cohen, Todd, Kite & Stanford, Cincinnati, Ohio, for Appellant. Donald J. Mooney, Jr., Pamela Kay Ginsburg, Ulmer & Berne, Cincinnati, Ohio, Mark E. Elsener, Porter, Wright, Morris & Arthur, Cincinnati, Ohio, for Appellees.

Before BOGGS, Chief Judge; COLE, Circuit Judge; and ROSEN, District Judge.

BOGGS, C.J., delivered the opinion of the court in which COLE, J., joined. ROSEN, D.J. (pp. 922-24), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BOGGS, Chief Judge.

Plaintiff-Appellant Clinton Brown, a wealthy businessman, made a risky investment in the securities of a small privately-held California company called Earthboard Sports USA ("Earthboard"). He was induced to embark on such a course of action by the...

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