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Mercury has booked a flight from LA to NYC. He is going to NYC to sign a deal between The Coliseum and Hera. The deal

Mercury has booked a flight from LA to NYC. He is going to NYC to sign a deal between The Coliseum and Hera. The deal is still not publicly known. The taxi cab driver overhears Mercury talking about the deal on his cell phone. Immediately after leaving Mercury at LAX, the taxi cab driver calls his broker to purchase shares in The Coliseum. Is he liable under Rule 10b-5 for insider trading?

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