Court of Appeals for the Fifth Circuit April 11, 1972, 30501 (Fed. Sec. L. Rep. P 93,239, 1972 Trade Cases P 73,967 Norman L. Harwell v. Growth Programs, Inc.)

RONEY, Circuit Judge:

This is an appeal from a summary judgment against holders of single investment mutual fund programs who sought relief from the failure of the sponsor of such programs to comply with that portion of their investment contracts which permitted the holders to move in and out of an investment position in the fund, without the payment of brokerage commissions, on an unlimited