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SECURITIES AND EXCHANGE COMMISSION v. MacELVAIN

No. 28094 Summary Calendar.

417 F.2d 1134 (1969)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. Ford M. MacELVAIN and Robert C. MacElvain, Individually and Doing Business as Deep Rock Drilling Company, Opelika, Alabama, Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

November 4, 1969.

Attorney(s) appearing for the Case

J. Campbell Palmer, III, Charleston, W. Va., for defendants-appellants.

J. Carlton Ivey, Securities and Exchange Commission, Atlanta, Philip A. Loomis, Jr., Gen. Counsel, Securities and Exchange Com., David Ferber, Sol., Paul Gonson, Asst. Gen. Counsel, Harvey L. Pitt, Atty., Washington, D. C., for plaintiff-appellee.

Before GEWIN, DYER and CARSWELL, Circuit Judges.

CARSWELL, Circuit Judge:

In this action, appellants Ford M. MacElvain and Robert C. MacElvain, individually and doing business as Deep Rock Drilling Company, seek reversal of an order by the United States District Court for the Middle District of Alabama permanently enjoining them from violating §§ 5(a) and 5(c) of the Securities Act of 1933, 15 U.S.C. § 77e (a) and (c).1

In the early part of 1968, the MacElvain...

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