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WERTHEIM & CO. v. CODDING EMBRYO. SCIENCES, INC.

No. 78-1569.

620 F.2d 764 (1980)

WERTHEIM & CO. et al., Plaintiffs-Appellants, v. CODDING EMBRYOLOGICAL SCIENCES, INC., Codding Cattle Research, Donald K. Codding and Charles H. Codding, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 30, 1980.

Attorney(s) appearing for the Case

Victor P. Muskin, New York City, of counsel, Stephen R. Steinberg, Reavis & McGrath, New York City, with him on brief, for plaintiffs-appellants.

Gene L. Mortensen of Rosenstein, Fist & Ringold, Tulsa, Okl., for Donald Codding and Charles Codding, defendants-appellees.

Before McWILLIAMS, BREITENSTEIN and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

This case involves the Securities Act of 1933 and the Securities Exchange Act of 1934. Wertheim & Company is a partnership engaged in major securities offerings with offices in New York. Donald and Charles Codding are brothers engaged in the ranching business in Osage County, Oklahoma. In 1972 the Coddings launched a special beef stock promotion which involved two aspects: (1) utilization of the most recent technology for breeding, feeding...

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