Simms Investment Co. v. E.F. Hutton & Co.

MEMORANDUM OPINION

GORDON, Senior District Judge:

This matter comes before the court pursuant to defendant E.F. Hutton & Company Incorporated’s (“Hutton”) and defendant A.L. & E. Operating Company’s (“AL & E”) motions to dismiss plaintiff Simms Investment Company’s (“Simms”) claim under Colorado securities law. Inasmuch as the applicable choice of law rules indicate that the court should apply North Carolina law, the court dismisses plaintiff’s claim under Colorado law. The court will, however, allow plaintiff the option of amending the complaint to include any relevant causes of action under…