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FARGO PARTNERS v. DAIN CORPORATION

Civ. No. A3-75-47.

405 F.Supp. 739 (1975)

FARGO PARTNERS, a North Dakota Partnership, Plaintiff, v. DAIN CORPORATION et al., Defendants.

United States District Court, D. North Dakota, Southeastern Division.

December 31, 1975.

Attorney(s) appearing for the Case

Frank J. Magill, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N. D., for plaintiff.

E. T. Conmy, Jr., Conmy, Feste & Bossart, Ltd., Fargo, N. D., for Dain Corp. and Northwestern Nat. Bank; Lawrence C. Brown, Thomas L. Kimer, Faegre & Benson, Minneapolis, Minn., of counsel.

Jack G. Marcil, Tenneson, Serkland, Lundberg & Erickson, Fargo, N. D., for Viking Investment, Mark Q. Moore, Allen L. Moore and Howard B. Conkey, Jr. and Candletree; Morris, Mitchell, Larson, King, Stamper & Bold, Kansas City, Mo., of counsel.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

This is an action alleging fraud and deceit in violation of the Federal Securities Act of 1933, the Federal Securities Exchange Act of 1934, and the rules and regulations promulgated thereunder. Upon a theory of pendent jurisdiction, Plaintiff also alleges a number of violations of state law. On motion of Defendant Dain Corporation, a Rule 12(d) preliminary hearing was held on the issue of subject matter jurisdiction...

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