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ATHAS v. DAY

Civ. No. 5394.

161 F.Supp. 916 (1958)

L. P. ATHAS, Richard L. Bird, Jr., Robert H. Bird, John H. Kelly, P. G. Paulos, Grant H. Chidester, Kenneth R. Pomeroy and Leslie E. Hart, and all other persons similarly situated, Plaintiffs, v. Sam DAY, Defendant.

United States District Court D. Colorado.

May 9, 1958.

Attorney(s) appearing for the Case

Stone & Blood, Denver, Colo., and William D. Blood, Denver, Colo., for plaintiff.

Gene E. Fischer, Fort Collins, Colo., for defendant.

ARRAJ, District Judge.

Plaintiff's Third Amended Complaint alleges six causes of action. The first four are stated as class actions under Rule 23(a) (3), F.R.C.P., 28 U.S.C.A., and allege violations of 15 U.S.C.A. Secs. 77e and 77l, which provide for private causes of action where securities are sold without proper registration or by use of untrue statements. The last two are individual actions by the named plaintiffs alleging fraud. Defendant filed a Motion...

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