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U.S. INDUSTRIES, INC. v. TOUCHE ROSS & CO.

Nos. 84-1564, 84-1715 to 84-1719.

854 F.2d 1223 (1988)

U.S. INDUSTRIES, INC., a corporation, Plaintiff-Appellee, Cross-Appellant, v. TOUCHE ROSS & CO., George S. Peterson, Jr., John E. Runyan, Joseph A. Bond, Four Seasons Management Company, James O. Barlow, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

August 22, 1988.

Attorney(s) appearing for the Case

Paul A. Renne, Cooley, Godward, Castro, Huddleson & Tatum, San Francisco, Cal. (Patrick J. Mahoney and William S. Freeman, Cooley, Godward, Castro, Huddleson & Tatum, San Francisco, Cal., and Robert Bartels, Asst. General Counsel, Touche Ross & Co., New York City, were also on the brief), for defendant-appellant Touche Ross & Co.

Richard S. Nemelka, Nemelka, Blakesley & Blakesley, Salt Lake City, Utah, for defendant-appellant James O. Barlow.

John E. Runyan, pro se.

Clark Waddoups, Rooker, Larsen, Kimball & Parr, Salt Lake City, Utah (C. Keith Rooker and Michael M. Later, Rooker, Larsen, Kimball & Parr, were also on the brief), for plaintiff-appellee U.S. Industries.

Warren M. Weggeland, Yano, Murphy, Weggeland and Freidland, P.C., Salt Lake City, Utah, for defendant-appellants Joseph A. Bond and Four Seasons Management Co.

Robert E. Albright and Richard C. Brahm, Lucas, Prendergast, Albright, Gibson & Newman, Columbus, Ohio, for defendant-appellant George S. Peterson, Jr.

Before HOLLOWAY, Chief Judge, BARRETT and BALDOCK, Circuit Judges.

HOLLOWAY, Chief Judge.

U.S. Industries, Inc. (USI) brought this suit against numerous defendants asserting claims under the 1933 and 1934 Securities Acts and a variety of pendent state law claims. The Utah case arose out of a series of transactions relating to sales of health club memberships, and of interests in companies engaged in this business and its financing.

Five defendants found liable have appealed, and defendant Touche Ross & Co. (Touche), found...

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