Court of Appeals for the Tenth Circuit January 24, 1973, 72-1455 (P. J. Hanraty v. R. M. Ostertag)

BREITENSTEIN, Circuit Judge.

This case presents procedural and jurisdictional problems. The trial court dismissed the action, and this appeal followed. The complaint, filed on October 7, 1970, contains three counts. The first is based on breach of contract, the second on common law fraud, and the third on violations of § 17 of the Securities Act of 1933, as amended, 15 U.S.C.