BANDIMERE v. U.S. S.E.C.

No. 15-9586.

855 F.3d 1128 (2017)

David F. BANDIMERE, Petitioner, v. UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Respondent. Ironridge Global IV, Ltd; Ironridge Global Partners, LLC, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED May 3, 2017.


Attorney(s) appearing for the Case

David A. Zisser , Jones & Keller, Denver, CO, for Petitioner.

Daniel J. Aguilar , Megan Barbero , Mark R. Freeman , Melissa N. Patterson , Mark B. Stern , Tyce R. Walters , U.S. Department of Justice, Michael Andrew Conley , Brent J. Fields , Dominick V. Freda, Esq. , Lisa Kinney Helvin , Securities and Exchange Commission, Washington, DC, for Respondent.

Paul D. Clement , Jeffrey Matthew Harris , Christopher George Michel , Kirkland & Ellis, Washington, DC, for Amici Curiae Ironridge Global IV, Ltd and Ironridge Global Partners, LLC.

Before TYMKOVICH, Chief Judge, KELLY, BRISCOE, LUCERO, HARTZ, HOLMES, MATHESON, BACHARACH, PHILLIPS, McHUGH, and MORITZ, Circuit Judges.


ORDER

This matter is before the court on the Security and Exchange Commission's Petition for Rehearing or Rehearing En Banc. We also have a response from the petitioner. Upon consideration, the request for panel rehearing is denied by a majority of the original panel members.

The petition and response were also transmitted to all the judges of the court who are in regular active service. Upon that circulation, a poll was called. A majority voted to...

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