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FOXFIELD VILLA ASSOCIATES, LLC v. ROBBEN

No. 18-3054.

967 F.3d 1082 (2020)

FOXFIELD VILLA ASSOCIATES, LLC; Richard A. Bartlett; Ernest J. Straub, III; Bartlett Family Real Estate Fund, LLC; PRES, LLC, Plaintiffs-Appellants, v. Paul ROBBEN; RDC Holdings, LLC, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED July 31, 2020.

Attorney(s) appearing for the Case

John M. Duggan ( Deron A. Anliker with him on the briefs), Duggan Shadwick Doerr & Kurlbaum LLC, Overland Park, for Plaintiffs-Appellants.

Robert M. Pitkin , Horn Aylward & Bandy, LLC, Kansas City, Missouri, for Defendants-Appellees.

Before LUCERO, HARTZ, and CARSON, Circuit Judges.

We consider whether ownership interests in a limited liability company are securities under the Securities Exchange Act of 1934. The specific attributes of the LLC interests in this case compel us to conclude that they are not. We thus affirm the district court's order declining to characterize the LLC interests as securities...

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