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RUSSELL v. ENERGY EXCHANGE CORP.

Civ. A. No. 84-A129.

646 F.Supp. 173 (1986)

C. Andrew RUSSELL, Samuel S. Zacharias and T. Bob Investments, Inc., Plaintiffs, v. ENERGY EXCHANGE CORPORATION; Warren Haught; Barry Haught; Haught Energy Corporation; Warren Associates, Inc.; Haught, Inc.; Glenn L. Haught and Sons; W & K Oil Company; VH Joint Venture and Donaldson, Lufkin & Jenrette Securities Corporation, Defendants.

United States District Court, S.D. West Virginia, Parkersburg Division.

October 21, 1986.

Attorney(s) appearing for the Case

Robert J. Cindrich, Louis J. Krzemien, Jr., Mansmann, Cindrich & Huber, Pittsburgh, Pa., Frederick D. Fahrenz, Preiser & Wilson, Charleston, W. Va., for plaintiffs.

George Wailand and Leslie Kazon, Cahill, Gordon & Reindel, New York City, Gale R. Lea and Thomas N. McJunkin, Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., for defendant Donaldson, Lufkin & Jenrette Securities.

John T. Schell, III and Barry Goldman, Hansell & Post, Washington, D.C., Ira M. Haught, Harrisville, W.Va., for Haught defendants.

Larry J. Gonzales and David A. Mohler, Love, Wise & Woodroe, Charleston, W.Va., for Energy Exchange.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending before the Court are motions to dismiss filed by Donaldson, Lufkin & Jenrette Securities Corporation (DLJ) and the Haught Defendants. By an earlier Order the Court converted the motions to ones for summary judgment pursuant to the authority of Rule 12(b)(6). The Court will address DLJ's motion now and defer for later consideration the motion of the Haught Defendants.

DLJ has moved...

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