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TITSCH PRINTING, INC. v. HASTINGS

Civ. A. No. 77-K-910.

456 F.Supp. 445 (1978)

TITSCH PRINTING, INC., Plaintiff, v. Merrill G. HASTINGS, Jr. and Priscilla B. Hastings, Defendants.

United States District Court, D. Colorado.

September 6, 1978.

Attorney(s) appearing for the Case

Robert E. Kendig, Roath & Brega, Denver, Colo., Jeffrey L. Smith, Cohen, Brame, Smith & Krendl, Denver, Colo., for plaintiff.

Hugh J. McClearn, Michael J. Cook, Conover, McClearn, Heppenstall & Kearns, Denver, Colo., for defendants.

ORDER

KANE, District Judge.

Defendants filed a motion to dismiss this 10b-5 complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. Defendants contend that "the transaction herein did not involve the sale or purchase of a `security,' but rather the sale of two wholly owned and family operated businesses, of which `stock' was merely an indicia of ownership." A memorandum brief in opposition to defendants' motion to dismiss was filed on January...

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