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BROWN v. HUTTON GROUP

No. 89 Civ. 611 (WCC).

775 F.Supp. 692 (1991)

Kay N. BROWN, et al., Plaintiffs, v. The HUTTON GROUP, et al., Defendants.

United States District Court, S.D. New York.

October 18, 1991.

Attorney(s) appearing for the Case

Beigel & Sandler, Ltd., P.C., New York City and Beigel & Sandler, Ltd., P.C., Chicago, Ill. (Elizabeth M. Toll, of counsel), for plaintiffs.

Spengler Carlson Gubar Brodsky & Frischling, New York City (Richard P. Swanson, of counsel) and Smith, Gill, Fisher & Butts, P.C., Kansas City, Mo. (Irvin V. Belzer and Daniel R. Young, of counsel), for defendants, Indian Wells Production Co., Indian Wells Oil Co. and Hutton/Indian Wells 1983 Energy Income Fund, Ltd.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge.

Plaintiff investors charge defendants with fraudulent conduct in connection with the sale of interests in an oil and gas limited partnership. Plaintiffs allege as a first cause of action "Prospectus and Brochure Fraud" under § 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"). Second Amended Complaint ¶¶ 6-35. Plaintiffs also assert claims of common law fraud against all defendants...

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