ROBINSON v. HEILMAN

No. 75-1945.

563 F.2d 1304 (1977)

Paul J. ROBINSON et al., Plaintiffs-Appellees, v. Leonard J. HEILMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 31, 1977.


Attorney(s) appearing for the Case

David B. Toy (appeared), Toy & Rymer, Los Angeles, Cal., for defendant-appellant.

Cromwell Warner, Jr. (appeared), Michael R. Matthias, Los Angeles, Cal., for plaintiffs-appellees.

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and WONG, District Judge.


PER CURIAM:

The central issue on this appeal is whether Ernst & Ernst v. Hochfelder, 425 U.S. 185, 96 S.Ct. 1375, 47 L.Ed.2d 668 (1976) requires reversal of a judgment in favor of the plaintiffs in this federal securities litigation. The plaintiffs attempt to avoid the impact of Hochfelder, which came down after judgment was rendered, on two grounds: (1) defendant's failure to except to a jury instruction which permitted...

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