SECURITIES & EXCH. COM'N v. KORACORP INDUSTRIES

Nos. 76-2547 and 76-2964.

575 F.2d 692 (1978)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellant, v. KORACORP INDUSTRIES, INC., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 24, 1978.


Attorney(s) appearing for the Case

David Ferber (argued), Washington, D. C., for plaintiff-appellant.

Richard J. Archer (argued), of Sullivan, Jones & Archer, Ralph Golub (argued), Goldstein Barceloux, & Goldstein, San Francisco, Cal., Jack I. Samet (argued), of Ball, Hunt, Hart, Brown & Baerwitz, Los Angeles, Cal., G. Douglas Floyd (argued), of Pillsbury, Madison & Sutro, San Francisco, Cal., for defendants-appellees.

Before CARTER and HUFSTEDLER, Circuit Judges, and SMITH, District Judge.


HUFSTEDLER, Circuit Judge:

The Securities and Exchange Commission ("SEC") brought these two suits to obtain injunctions preventing the defendants from committing future violations of the anti-fraud and reporting provisions of the federal securities laws. The district judge granted defendants' motions for summary judgment. The SEC appeals, contending that since material issues of fact are in dispute, the district court abused its discretion in granting summary judgment...

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