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MIFFLIN ENERGY SOURCES, INC. v. BROOKS

Civ. A. No. 80-922.

501 F.Supp. 334 (1980)

MIFFLIN ENERGY SOURCES, INC., a Pennsylvania Corporation, Plaintiff, v. Donald G. BROOKS, Howard G. Brooks, Gary Doverspike, Vicky McMeans, Carla Grube, Dennis Doverspike, William Doverspike, Laurie Carney, Connie Zeitler, Michael McMeans, Randy Doverspike, Helm Mining Company, a partnership, and Keystone National Bank, a national banking association.

United States District Court, W. D. Pennsylvania.

December 2, 1980.

Attorney(s) appearing for the Case

Edmund S. Ruffin, III, William Rodgers, Jr., Thorp, Reed & Armstrong, Pittsburgh, Pa., for plaintiff.

M. Bruce McCullough, Samuel W. Braver, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa., for defendants.

MEMORANDUM ORDER

WEBER, Chief Judge.

Plaintiff is the purchaser of all the shares of a corporation engaged in strip mining operations. The plaintiff brings a claim of fraud in the sale of the shares, alleging jurisdiction under the federal securities laws.

Defendants have filed a Motion to Dismiss pursuant to Rules 12(b)(1), 12(b)(4) and 12(b)(6) of the Federal Rules of Civil Procedure. Defendants contend that this court does not have jurisdiction...

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