Wegbreit v. Marley Orchards Corp.

ORDER GRANTING MOTION TO REINSTATE § 10(b) CLAIMS

VAN SICKLE, District Judge.

BEFORE THE COURT is Plaintiffs’ Motion to Reinstate § 10(b) Claims (Ct. Rec. 63). For the reasons set forth below, the motion is granted.

A. BACKGROUND

Marley Orchards Income Fund I Limited Partnership (hereinafter “MOIF”) was created to operate apple orchards in the Yakima Valley. It has two general partners— Marley Orchards Corporation and William Gammie. During 1985, the general partners raised 15.7 million dollars by selling limited partnerships in MOIF. 1

The partnership did not achieve the degree of success which…