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CALIBER PARTNERS, LTD. v. AFFELD

April 4, 1984

CALIBER PARTNERS, LTD. AND STRATFORD ENERGY INVESTMENTS-OHIO SHALLOW, PLAINTIFFS,
v.
MARVIN E. AFFELD AND MARY T. AFFELD, INDIVIDUALLY AND D/B/A AFFELD OIL COMPANY, DEFENDANTS.



The opinion of the court was delivered by: Shadur, District Judge.

MEMORANDUM OPINION AND ORDER

Illinois limited partnerships Caliber Partners, Ltd. ("Caliber") and Stratford Energy Investments-Ohio Shallow ("Stratford") sue Marvin Affeld ("Affeld") and Mary Affeld individually and d/b/a Affeld Oil Company (collectively "Affelds") in a ten-count Complaint alleging:

1. federal statutory violations by Affelds involving:

    (a) Securities Exchange Act of 1934 s 10(b),
  15 U.S.C. § 78j ("Section 10(b)") and related SEC Rule
  10b-5 (Count One);
    (b) Securities Act of 1933 ("1933 Act") § 12(2) and
  17(a), 15 U.S.C. § 77l and 77q ("Section 12(2)" and
  "Section 17(a)") (Count Two); and
    (c) the Racketeer Influenced and Corrupt
  Organization Act ("RICO"), 18 U.S.C. § 1964(c) (Count
  Three); and
    2. state statutory and common law violations by
  Affelds involving:

    (a) the Illinois Securities Law, Ill.Rev.Stat. ch.
  121 1/2, §§ 137.12, 137.13 (Count Four);
    (b) Ohio Securities Act §§ 1707.41, 1707.44
  (Count Five);
    (c) the Illinois Consumer Fraud and Deceptive
  Business Practice Act, Ill.Rev.Stat. ch. 121 1/2, §
  262 (Count Ten);

(d) common law fraud (Count Six);

(e) negligence (Count Seven); and

(f) breach of contract (Counts Eight and Nine).

Affelds now move to dismiss under Fed.R.Civ.P. ("Rule") 12(b)(1) and 12(b)(6). For the reasons stated in this memorandum ...


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