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Court Revives SEC Lawsuit Against Cuban & Midday Update

By KERA News & Wire Services

Dallas, TX – An appeals court has revived the Securities and Exchange Commission's insider-trading lawsuit against Dallas Mavericks owner Mark Cuban.

The U.S. Court of Appeals in New Orleans announced its ruling Tuesday.

The SEC accuses the Dallas billionaire owner of selling his shares in the Internet search engine company Mamma.com Inc. in 2004, avoiding a $750,000 loss after receiving confidential information about the company.

U.S. District Judge Sidney A. Fitzwater dismissed the lawsuit in July 2009, ruling that Cuban never agreed he could not act on his confidential information.

The appeals court, however, says it was "plausible" Cuban knew he was not to sell his shares.

Cuban said by e-mail Tuesday that he was disappointed in the ruling and maintains he did not violate any civil laws.

Bus driver in Texas wreck had medical condition

The Texas Department of Public Safety says a charter bus driver may have passed out before a wreck north of Sanger that left 18 passengers hurt.

DPS Trooper Lonny Haschel says investigators have determined that 52-year-old Jose Rodriguez of Grand Prairie suffered a sharp pain in his abdomen before the accident early Saturday on Interstate 35. Several passengers on the bus, bound from Dallas to Oklahoma City, were ejected through side windows.

Haschel says a Spanish-speaking trooper interviewed the driver, who said "the last thing he remembered was the sharp pain, and then he was waking up."

Haschel says Rodriguez has a current medical card and recently passed a physical examination. The trooper declined to release the nature of the driver's condition, citing privacy laws.

FBI: Fort Bliss gunman was retired Army sergeant

The FBI has identified the gunman who opened fired at a Fort Bliss convenience store before being killed by responding officers as a retired Army sergeant. The agency also says one of the two women wounded in the shooting has died.

The FBI issued a Tuesday statement identifying the gunman as 63-year-old Steven Kropf of El Paso. Authorities say they don't know if Kropf had any relationship with either victim. But they called Monday's shooting an isolated incident.

The FBI says 44-year-old Bettina Maria Goins of El Paso was pronounced dead at a hospital after the shooting. The statement says another woman remains hospitalized with serious injuries.

Garrison Commander Col. Joseph Simonelli Jr. says military police officers responded to reports of the shooting in less than three minutes.