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KERBS v. FALL RIVER INDUSTRIES, INC.

No. 73-1640.

502 F.2d 731 (1974)

Jack KERBS, Plaintiff-Appellee, v. FALL RIVER INDUSTRIES, INC., a Colorado corporation, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided September 6, 1974.

Rehearing Denied October 3, 1974.

Attorney(s) appearing for the Case

Arthur W. Zarlengo, Denver, Colo., for defendants-appellants.

Leonard W. Burningham of Moffat, Welling, Paulsen & Burningham, Salt Lake City, Utah (Richard H. Moffat, Salt Lake City, Utah, on the brief), for plaintiff-appellee.

Before DURFEE, Senior Judge, and HILL and McWILLIAMS, Circuit Judges.

DURFEE, Senior Judge.

This action arises under Section 10 of the Securities Exchange Act of 1934, 15 U.S.C. § 78j, and Rule 10b-5 of the Securities and Exchange Commission, 17 C.F.R. § 240.10b-5. Plaintiff, Jack L. Kerbs, seeks to recover $6,200 lost in the course of dealings with defendants, whose conduct, it is alleged, operated a fraud or deceit upon him. Following a trial to the court, judgment was entered in plaintiff's favor against defendants Marlin...

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