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SIMMS INV. CO. v. E.F. HUTTON & CO. INC.

Civ. A. No. C-87-643-WS.

688 F.Supp. 193 (1988)

SIMMS INVESTMENT COMPANY, a North Carolina Corporation, Plaintiff, v. E.F. HUTTON & COMPANY INC., A Delaware Corporation, and A.L. & E. Operating Company, an Oklahoma Corporation, Defendants.

United States District Court, M.D. North Carolina, Winston-Salem Division.

June 9, 1988.

Attorney(s) appearing for the Case

Wesley Bailey, Winston-Salem, N.C., and Martin T. Fletcher, Sr., Fort Wayne, Ind., for plaintiff.

William K. Davis and D. Anderson Carmen, Winston-Salem, N.C., and Daniel T. Flaherty, Washington, D.C., for defendant E.F. Hutton & Co.

Daniel R. Taylor, Jr., Winston-Salem, N.C., and Jennifer A. Ostrom, Denver, Colo., for defendant A.L. & E. Operating Co.

MEMORANDUM OPINION

GORDON, Senior District Judge:

This matter comes before the court pursuant to defendant E.F. Hutton & Company Incorporated's ("Hutton") and defendant A.L. & E. Operating Company's ("AL & E") motions to dismiss plaintiff Simms Investment Company's ("Simms") claim under Colorado securities law. Inasmuch as the applicable choice of law rules indicate that the court should apply North Carolina law, the court dismisses plaintiff...

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