MEMORANDUM OF DECISION AND ORDER
RYMER, District Judge.
Plaintiff Rigdon O. Dees III brings this action alleging violations of § 10(b) of the Securities Exchange Act of 1934 ("the 1934 Act"), 15 U.S.C. § 78j(b), and S.E.C. Rule 10b-5. Pendent claims alleging fraud, breach of fiduciary duty, negligence and breach of oral contract were previously dismissed under the principles set forth in United Mineworkers v. Gibbs,
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