MEMORANDUM OF OPINION AND ORDER
WILLIAM W SCHWARZER, District Judge.
Plaintiff Joseph D. Feldman brought this action against Simkins Industries, Inc. ("Simkins") and a brokerage house, Bear, Stearns & Co. ("Bear, Stearns") for violations of § 17(a) of the Securities Act of 1933 ("Securities Act") (15 U.S.C. § 77q(a)),
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