Truk International Fund LP v. David Wehlmann, et al, No. 09-11214 (5th Cir. 2010)

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Case: 09-11214 Document: 00511194347 Page: 1 Date Filed: 08/04/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-11214 August 4, 2010 Lyle W. Cayce Clerk TRUK INTERNATIONAL FUND LP Plaintiff-Appellant v. DAVID W. WEHLMANN; RANDALL BOYD; DONALD W. NIEMIEC; ROBERT L. GAUDIN; WILLIAM O. POWELL, III; CANACCORD ADAMS INC; CANACCORD CAPITAL CORPORATION; CANO PETROLEUM, INC.; S. JEFFREY JOHNSON; MORRIS B. SMITH; BEN DAITCH; MICHAEL J. RICKETTS; PATRICK MCKINNEY, Defendants-Appellees Appeal from the United States District Court for the Northern District of Texas USDC No. 4:09-CV-00308-A Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges. PER CURIAM:* Truk International Fund, LP ( Truk ), a mutual fund, appeals the district court s order dismissing its class action complaint, in which Truk alleged violations of sections 11, 12(a)(2) and 15 of the Securities Act of 1933 by Cano Petroleum, Inc., various individual defendants who are officers or directors of * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. Case: 09-11214 Document: 00511194347 Page: 2 No. 09-11214 Date Filed: 08/04/2010 Cano (collectively Cano ), and the underwriters of the offering, related to an offering of Cano securities. We have reviewed the record and the parties briefs and oral arguments. We AFFIRM essentially for the reasons given by the able district court. 2

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