MacKETHAN v. BURRUS, COOTES AND BURRUS

No. 75-2130.

545 F.2d 1388 (1976)

Edwin R. MacKETHAN, Receiver of Norfolk Savings and Loan Corporation, Appellee, v. BURRUS, COOTES AND BURRUS, et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 10, 1976.


Attorney(s) appearing for the Case

Harvey L. Pitt, General Counsel, Jacob H. Stillman, Asst. General Counsel, and Frank A. Wilson, Atty., Washington, D. C., filed a brief for the Securities and Exchange Commission, amicus curiae, in support of appellee's petition for rehearing.

Robert M. Hughes, III, and C. Michael Montgomery, Norfolk, Va. (Richard S. Harman, Jerrold G. Weinberg, Seawell, McCoy, Dalton, Hughes, Gore & Timms, Stackhouse, Weinberg & Stewart, Norfolk, Va., on brief), for appellants.

J. Vernon Patrick, Jr., Birmingham, Ala. (Barton S. Sacher, Berkowitz, Lefkovitz & Patrick, Birmingham, Ala., Oren R. Lewis, Jr., John E. Fricker, Lewis, Wilson, Cowles, Lewis & Jones, Ltd., Arlington, Va., on brief), for appellee.

Before RUSSELL, WIDENER, Circuit Judges, and WYZANSKI, Senior District Judge.


WYZANSKI, Senior District Judge:

Following the July 21, 1976 filing of our opinion and entry of our judgment in this case, see 537 F.2d 1262 (C.A.4, 1976), appellees, supported by the SEC as amicus, petitioned for rehearing. Responding, we withdraw our earlier opinion, substitute this one, and leave unchanged our July 21, 1976 judgment which reversed the District Court's judgment and directed that a judgment for defendants...

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