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HORWITZ v. PANHANDLE EASTERN PIPE LINE COMPANY

Civ. No. 67-2.

293 F.Supp. 1092 (1968)

Max HORWITZ and L. J. Horwitz, on behalf of themselves and all other stockholders of Natural Oil & Gas Producing Company, a corporation, Plaintiffs, v. PANHANDLE EASTERN PIPE LINE COMPANY, a corporation, Defendant.

United States District Court W. D. Oklahoma.

December 30, 1968.

Attorney(s) appearing for the Case

Calvin W. Hendrickson, of Pierce, Mock, Duncan, Couch & Hendrickson, and Hugh A. Baysinger, Oklahoma City, Okl., for original plaintiffs and for additional party plaintiff.

Coleman Hayes, Oklahoma City, Okl., and Wendell J. Doggett, and William S. Richardson, Kansas City, Mo., for defendant.

ORDER

DAUGHERTY, District Judge.

The Court has under consideration the requirement, as prescribed by Rule 23 (c), F.R.Civ.P., 28 U.S.C.A., to determine if the above action may be maintained as a class action under said Rule as requested in the Amended Complaint. The Defendant opposes the maintenance of the action as a class action.

The action of Plaintiffs is based on common law fraud and the provisions of the Securities Act of 1933, 15 U.S.C.A....

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