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PREBIL v. PINEHURST, INC.

No. CV 82-253-H-CCL.

638 F.Supp. 1314 (1986)

John L. PREBIL and Margery C. Prebil, husband and wife, Plaintiffs, v. PINEHURST, INCORPORATED, a Corporation, Defendant.

United States District Court, D. Montana, Helena Division.

July 24, 1986.

Attorney(s) appearing for the Case

Ross W. Cannon, Helena, Mont., for plaintiffs.

Kenneth S. Frazier, Felt & Martin, Billings, Mont., for defendant.

OPINION AND ORDER

LOVELL, District Judge.

The issue the court must decide in this case is, assuming there is no intent to defraud or deceive, whether it is necessary for a statement of material fact concerning a lot in a development to be untrue at the time of the sale of that lot, for a violation of 15 U.S.C. § 1703(a)(2)(B) to occur.

Plaintiffs John and Margery Prebil (Prebil), brought this suit against Defendant Pinehurst, Inc. (Pinehurst...

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