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UNITED STATES v. CHARNAY

No. 75-1222.

537 F.2d 341 (1976)

UNITED STATES of America, Appellant, v. David B. CHARNAY et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied July 8, 1976.

Attorney(s) appearing for the Case

David Ferber, Sol. (argued), Securities and Exchange Commission, Washington, D. C., for appellant.

Moses Lasky (argued), of Brobeck, Phleger & Harrison, San Francisco, Cal., for appellees.

Before BROWNING and SNEED, Circuit Judges, and JAMESON, District Judge.

Rehearing and Rehearing En Banc Denied July 8, 1976.

OPINION

JAMESON, District Judge:

This appeal from an order dismissing the indictment presents the question of whether the indictment, alleging a market manipulation artificially depressing the market price of a security on a national securities exchange, was sufficient to charge the defendants-appellees with a conspiracy to violate, and the violation of, the antifraud provisions of Section 10(b...

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