FINDINGS OF FACT AND CONCLUSIONS OF LAW AND MEMORANDUM OPINION THEREON
SPELLMAN, District Judge.
This securities fraud action is brought under § 10(b) of the Exchange Act of 1934, § 517.301 of the Florida Statutes, and Florida common law. Jurisdiction over the Rule 10b5 claim is based on Title 28 U.S.C. § 1331. The Court has heard the state claims on the basis of pendent jurisdiction. United Mine Workers v. Gibbs,
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