NYE v. BLYTH EASTMAN DILLON & CO., INC.

Nos. 78-1037, 78-1074 and 78-1085.

588 F.2d 1189 (1978)

George F. NYE, Gerald J. Sterner, and Thomas E. Mulcahy, Individually and as a Joint Venture Doing Business in the Name of Gerald J. Sterner, Cross-Appellants, v. BLYTH EASTMAN DILLON & COMPANY, INC., a Delaware Corporation, Richard Newham, and Harold Covlin, Cross-Appellees. George F. NYE, Gerald J. Sterner, Thomas E. Mulcahy, Individually and as a Joint Venture Doing Business in the Name of Gerald J. Sterner, Appellees, v. Richard NEWHAM, Appellant. George F. NYE, Gerald J. Sterner, Thomas E. Mulcahy, Individually and as a Joint Venture Doing Business in the Name of Gerald J. Sterner, Appellees, v. BLYTH EASTMAN DILLON AND COMPANY, INC., a Delaware Corporation, and Harold Covlin, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 1, 1978.

Rehearing Denied December 26, 1978.


Attorney(s) appearing for the Case

Thomas W. Kelly of Breed, Abbott & Morgan, New York City, for appellant, Blyth Eastman Dillon & Co., Inc.

James H. O'Hagan of Dorsey, Windhorst, Hannaford, Whitney & Halladay, Minneapolis, Minn., for appellant, Harold Covlin; Thomas W. Kelly, New York City, Darron C. Knutson, Minneapolis, Minn., and Charles Siegel of Blyth Eastman Dillon & Co., Inc., New York City, on the brief.

Miles E. Efron of Efron & Roberts, Minneapolis, Minn., for appellant, Richard Newham; George W. Roberts, Minneapolis, Minn., on the brief.

Samuel L. Hanson of Briggs & Morgan, St. Paul, Minn., for appellees; Jeffrey F. Shaw, St. Paul, Minn., on the brief.

Before HEANEY and STEPHENSON, Circuit Judges, and VAN SICKLE, District Judge.


HEANEY, Circuit Judge.

Blyth Eastman Dillon and Company, Inc., Richard Newham and Harold Covlin appeal from a judgment in the amount of $759,313 entered against them after a non-jury trial. The trial court found that the appellants had violated § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) and Rule 10b-5, 17 C.F.R. § 240.10b-5, because of their conduct involving an investment account maintained by George Nye, Gerald Sterner and...

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